Executive Summary
This report provides an insight into the definition of anti-social behaviour within British society and an understanding of why it is important to tackle with British society. The legal definition of anti-social behaviour is somewhat vague in legal terms, and leaves little clarification as to what exactly specifies as anti-social. This has left many to discuss the issues with defining anti-social behaviour, and how this may have an effect on society and the way in which it is policed. Some have argued that it leaves a degree of discretion for police when identifying anti-social behaviour within society and can leave particular un-favoured groups within the general population to be targeted or stereotyped to be causing disorder within society. Tackling anti-social behaviour is important to within British society as it keeps our communities safe and rid of disorder. Although it has been argued that anti-social behaviour tends to take place in deprived areas within society, as they are more likely to attract crime, tackling anti-social behaviour within these areas is likely to reduce crime rates but also stop the assumptions that those who seem to be in those areas as behaving anti-socially. Furthermore, tackling anti-social is important for its victims and making their issue heard by police. Vulnerable victims want to feel like their issue will be dealt with and want to feel valued by authorities, and overall improving their quality of life.
Introduction
Whether you are aware of the fact or not most likely within your life time you have been affected by some form of anti-social behaviour. This could be misuse of public space, disregard for community, environmental damage, street drinking or trespassing, all of these factors and many more are put under the Crime and Disorder act 1998 and deemed to be anti-social, deviant acts within British society. There are many issues surrounding defining anti-social behaviour, the broad legal definition states that ‘behaviour by a person which causes or is likely to cause harassment, alarm or distress’ (Crime and Disorder act, 1998:1). This leaves an open door in terms of how anti-social behaviour is to be policed within society and implements a degree of discretion for police to decide what they deem to be anti-social. After all what one person considers to be deviant may be different from another. Tackling anti-social behaviour plays great importance within British Society, not only does tackling the issue enforce a society rid of chaos and discord, but more pressing issues have arose since the bill was first established. The police have a responsibility in keeping society and community’s safe and improving the overall welfare of areas in Britain as a whole. Furthermore, victims of anti-social behaviour do not want to left in the dark if they themselves have been affected by anti-social behaviour and therefore want to be updated about their case and feel satisfied with how it is being dealt with by the police. Also, a prevalent issue concerning anti-social behaviour within the community is the quality of life of those individuals affected. Therefore, making the well-being and security of both communities and victims a leading concern of importance in why we tackle anti-social behaviour.
What is anti-social behaviour?
Legal Definition
Anti-social behaviour, a term first introduced by the Labour government in 1998 in the Crime and Disorder bill, which then devised the Anti-Social Behaviour Order (ASBO). The wide definition of the act states ‘acting in a manner that caused or is likely to cause harassment, alarm or distress’ (Crime and Disorder act, 1998:1), which generally falls under a wide range of activities such as vandalism, begging, abandoned vehicles, criminal damage, nuisance behaviour, harassment and littering. The bill further introduced formal sanctions to those who breach the terms of the act, whereby those seen to be acting anti-socially could be fined up to £5000 and sentenced to 5 years in prison, but many cases won’t go as far as that. When enforcing legal sanctions it is important for police to make the distinction between criminal and anti- social behaviour, but there is a general acceptance that some white collar crimes such as drinking in public, drug abuse and hate crime may be categorised as both anti-social and criminal. The Home Office identified anti-social behaviour into four key elements- ‘Misuse of public space’, ‘Disregard for community/personal well-being’, ‘Acts directed at people’ and ‘Environmental damage’ (Home Office, 2004, [Online]) all of which were decided depending whether they had an indirect or direct victim, whether their behaviour impacts upon the environment or if it occurred in a public place. In doing so this allows police to evaluate anti-social behaviour more defiantly without mistaking innocent behaviour for deviant.
Issues with defining anti-social behaviour
The broad definition of anti-social behaviour has been put under much scrutiny over the years since it were first established. (Cowen and Carr, 2006) emphasise that if the government are unable produce one single definition then how are society are expected to know what behaviour may trigger an ABSO. The tightness of a definition has been neglected from the beginning and society is therefore expected to know what constitutes as deviant/anti-social behaviour. Because the definition covers such a wide range of activities does this therefore mean that the police can make it whatever they believe it to be? This opens up the discussion of discriminative policing in regards to anti-social behaviour, the vagueness of the definition does give authorities a great deal of discretion. Those who may be deemed unfavourable by society such as ‘youths’, ex-offenders, the homeless and drug addicts may see themselves targeted regularly by police for being considered a ‘nuisance’ to society. (Donoghue, 2007:418) stated that such discretion within policing may lead to ‘’inconstancy in application and administration’’.
Social Definition
There is no single definition of anti-social behaviour, therefore if the average individual were asked to define it, it would be seen as somewhat difficult to put into a few short sentences. But most people are likely to know what anti-social behaviour is if they saw it or experienced it, making it easier to site than to define. Not only this, but in Britain today variations of cultures, norms, values and the time which the act took place are likely to have an impact on individuals definition anti-social behaviour. What one individual deems as deviant behaviour may not be the same as another.
Is the definition of anti-social behaviour biased?
Also, the authenticity of the ASBO may also be questioned, after all it was invented by Politian’s and could in fact be argued that it is biased, ‘’ ‘ASB’ can be regarded as a label of convenience for non-criminal and minor criminal neighbourhood concerns’’ (Andrews, 2008). Therefore could be argued that the ASBO was implemented to push all the minor issues underground without attempting to evaluated why individuals were originally acting ‘anti socially’ and looking for ways to rehabilitate them. When defining such an issue comes many issues such as these, thus important to take them into account.
Why is it important to tackle anti-social behaviour within British society?
Improving neighbourhoods and communities
Anti-social behaviour has a serious negative impact on our neighbourhoods and communities, it is vital those communities and neighbourhoods affected feel protected by police and other local authorities. Citizens want to feel safe where they live and not have their safety undermined, despite the fact that in most situations the threat to the community safety is relatively minor. Anti-social behaviour in the community often segregates particular areas over time, creating run down areas as a prime location for anti-social behaviour to take place. It’s been stated by Millie (2007) that anti-social behaviour has been concentrated and associated in neighbourhoods with deprivation since it was first established. The media have also had an impact on creating negative stereotypes of people; young people especially who live in deprived areas to be the main culprits of this type of anti-social behaviour. The label ‘hoodies’ has been attached to many young people and has become a common misconception by some that those seen hanging around on street corners, in parks and estate areas are out to intimidate others and generally cause trouble in the local community. (Wilson and Kelling, 1982), [Online]) developed the Broken Windows theory whom stated that ‘If a window in a building is broken, and is left unrepaired the soon all the other windows will be broken’. Thus referring back to the idea that crime is likely to flourish in derelict areas. By combatting these urban areas and creating clean, safe and surveillance areas people are likely to be deterred from roaming in these type of environments and anti-social behaviour rates are likely to drop.
Victims of anti-social behaviour
It is important to recognise the key principal affects anti-social behaviour has on its victims and why taking this into account is so prevalent. According to The Code Practice For Victims of Crime first established by Domestic violence, Crime and Victim Support act (2006) states that victims have the right to stay informed about case progress, the right to apply for special measures in court (if suspect is arrested) and provides a statutory obligation of ‘keeping victims updated on the process of ongoing investigations’ (Victim Support, 2010). In recent years government reports have stated how they intend to change the mind set of police when tackling anti-social behaviour (Home Office, 2012), Lord Henley explained how anti-social behaviour has a huge impact on the quality of life of its victims and that new measures should be put in place to effectively respond to those victims affected. This included; working within communities to establish what activities caused the most harm, introducing risk assessment tools to quickly assess vulnerable victims and creating an efficient call handling system. In doing so the police are making an effort to treat all victims of anti-social behaviour with respect and fairness. The government have expressed the need to take victim support into account when tackling anti-social behaviour and deter them from losing faith in the police, to be kept informed with by police about proceedings and how their problem is being dealt with. It is principal to not keep victims of anti-social behaviour in the dark about their case, and therefore should aim to make victims feel valued by police in such circumstances.
Improving the quality of life of individuals.
It is generally thought by reducing the rates of anti-social behaviour within British society that the quality of life of individuals is likely to improve. Tackling anti-social has to benefit the public or it would not be worth tackling, therefore much emphasis is put on whether or not it is likely to improve public welfare. Former Home Secretary David Blunkett launched a campaign for Civil Renewal and The Active Citizenship Centre (2003). Blunkett implied that this was ’the centre piece of the governments reform agenda in the coming years’, an important key in improving citizens lives, improving communities and overall meeting the public’s needs. The concept introduced in 2003, five years after the Crime and Disorder bill was passed, highlighted further improvements that could be made to improve citizen’s lives, this included; taking part in community groups and activities and involvement in local governance. The idea promoted an improved relationship between the government and in turn would benefit everybody. Relating back to anti-social behaviour, by introducing these tactics there is a unifying effect of neighbours and communities ensuring respect and regard is shown toward the environment and each other than success in improving individual welfare/well-being is likely to increase.
Conclusion
Tackling anti-social behaviour is important within British society because issues of community welfare and victim support have been raised over recent years of both their well-being. Creating safe communities is a vital aspect as to why we tackle anti-social behaviour. Run-down areas have become the bane of society in terms of where anti-social behaviour is likely to take place, and how improving these areas is likely to reduce deviant acts from taking place and overall improving the standard of living of those citizens in that area. Understanding the victims of anti-social behaviour is a further reason as to why it is important to tackle. Victims who have been largely affected want their situation to be valued by police and not to be left in the dark about their case. Victims tend to be in a vulnerable situation when reporting anti-social behaviour, so it is important to tackle anti-social behaviour to reassure victims are not being brushed aside by police and that their well-being is an important matter.