Failure to Reassure as Public Wrong

Peter Ramsay

in The Insecurity State

Published in print April 2012 | ISBN: 9780199581061
Published online September 2012 | e-ISBN: 9780191741005 | DOI:

Series: Oxford Monographs on Criminal Law and Justice

Failure to Reassure as Public Wrong

Show Summary Details


This chapter provides detailed analysis of the case law on the criminal offence of breach of an Anti-Social Behaviour Order (ASBO). It demonstrates first, that the offence converts the conduct manifesting the unreassuring disposition that grounds liability to an ASBO from a threat to be controlled by a court order into a public wrong to be punished; and, second, that the penal wrong that the offence defines is, therefore, a wrong of dangerousness. This analysis is deployed to critique the theory that breach of ASBO is a criminal offence that serves to composite many minor offences for the purposes of punishment.

Keywords: Anti-Social Behaviour Order; breach of ASBO; dangerousness; subjective insecurity; incapacitation; Crime and Disorder Act 1998

Chapter.  8365 words. 

Subjects: Criminal Law

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