Asbis, civil injunctions used to tackle antisocial behaviour, have led to the imprisonment of almost 250 people since 2020, with vulnerable groups disproportionately affected.
Almost 250 people have been imprisoned for breaching antisocial behaviour injunctions (asbis) since 2020, with individuals being jailed for ‘sleeping rough,’ begging, feeding birds, and making a noise. A recent analysis by academics at the universities of York and Coventry has shed light on the concerning trend of people being locked up without proper representation or due process.
The Rise of Asbis
Asbis are civil injunctions used to tackle antisocial behaviour, and can be issued to anyone age 10 or over. Breaching an injunction is not a criminal offence, but those who disobey an order are guilty of contempt of court and can face imprisonment. However, the analysis found that ‘57% of people did not have legal representation at the breach hearing that led to their imprisonment.’
Disproportionate Impact on Vulnerable Groups
The academics highlighted cases where destitute individuals, homeless people with mental health issues or neurodiversity, and learning disabilities were disproportionately affected by asbis. For example, an asylum seeker was imprisoned for 12 weeks for breaching an injunction by ‘sleeping rough’ and leaving belongings in front of a civic centre.
Homelessness is a multifaceted problem affecting individuals, families, and communities worldwide.
According to the United Nations, over 570 million people experience homelessness each year.
The root causes of homelessness include poverty, lack of affordable housing, unemployment, mental illness, and substance abuse.
In the US, for example, it's estimated that 552,000 people are homeless on any given night.
Addressing homelessness requires a comprehensive approach, including providing emergency shelters, permanent supportive housing, job training programs, and access to healthcare services.
Concerns Over Sentencing
The analysis also raised concerns over the lack of sentencing guidance for asbis cases. One man, who breached an injunction by feeding pigeons on his balcony after being instructed not to, was imprisoned for 15 weeks. However, the judge disagreed with the solicitor’s assessment that it was a ‘mental health issue.’
Sentencing is a critical component of the justice system, serving as a means to punish offenders and deter future crimes.
The primary goal of sentencing is to hold individuals accountable for their actions while also providing rehabilitation opportunities.
Factors influencing sentencing decisions include prior convictions, severity of the offense, and mitigating circumstances such as mental health or addiction issues.
A System in Need of Overhaul
The academics and civil liberties campaign group, Manifesto Club, argue that the system is flawed and disproportionately targets vulnerable groups. ‘Many people [imprisoned] were addicted to drugs or to alcohol, or they’d been in mental health hospitals,’ said Rona Epstein, an honorary research fellow at Coventry law school. ‘It’s extraordinary.’
The Manifesto Club is a UK-based think tank and pressure group founded in 2004.
Its primary focus is on promoting civil liberties, countering state power, and defending individual rights.
The club's name refers to its aim of being a platform for like-minded individuals to share ideas and manifest their opposition to what they see as an overreaching government.
Led by Frank Furedi, the group has been involved in various campaigns, including opposing anti-terror laws and advocating for freedom of speech.
The Way Forward
The government’s proposed respect orders could lead to even more people being unfairly imprisoned. The Manifesto Club‘s director, Josie Appleton, warned that these powers are not targeting ‘hooligans,’ but rather those in poverty or with mental health problems.
A Call for Reform
Asbis have been criticized for their lack of oversight and the disproportionate impact on vulnerable groups. It is time for a more nuanced approach to tackling antisocial behaviour, one that prioritizes support and rehabilitation over imprisonment. The government must take heed of these concerns and work towards reforming the system to ensure it serves the needs of all members of society, not just the most vulnerable.
