Chapter

Freedom from Fear

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/9780199581061.003.0004

Series: Oxford Monographs on Criminal Law and Justice

Freedom from Fear

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This chapter considers what is distinctive about the Anti-Social Behaviour Order (ASBO) by comparing it with Section 5 of the Public Order Act 1986. It shows that the ASBO penalizes not individual acts that fail to reassure but any manifestation of a disposition to do so by showing that the ASBO imposes a subtle positive obligation of active citizenship and marks those who fail to fulfil this obligation as a second-class citizen by the reduction of their civil rights; by reviewing the controversy over the ASBO's procedure in order to demonstrate that the ASBO protects a right to freedom from fear; by demonstrating that the Coalition government's proposed reforms to the ASBO impose the same substantive liability as an ASBO; and also by explaining why the ASBO's protection of freedom from fear can be described as a right to security.

Keywords: Anti-Social Behaviour Order; ASBO; freedom from fear; right to security; active citizenship; Public Order Act 1986; Section 5; Criminal Behaviour Order; Crime Prevention Injunction

Chapter.  6991 words. 

Subjects: Criminal Law

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