Chapter

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: http://dx.doi.org/10.1093/acprof:oso/9780199581061.003.0003

Series: Oxford Monographs on Criminal Law and Justice

Failure to Reassure as Public Wrong

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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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