The use of ASBOs against young people in England and Wales: lessons from Scotland

The Anti-Social Behaviour Order (ASBO) is one of the best known measures used to tackle anti-social behaviour. In keeping with the popular conception, the order is frequently used against young people. Of all ASBOs issued in England and Wales up to the end of 2005, roughly 40% were imposed on under-18s. This paper begins with a brief outline of the three principles at the heart of the celebrated Scottish children’s hearings system. With reference to these principles, and to the provisions which govern the use of the order against 12–15 year olds north of the border, the paper then discusses five areas of concern about the use of ASBOs against young people in England and Wales: the readiness to resort to ASBOs; the forum for ASBO applications; the terms of ASBOs; publicising the details of ASBOs; and custodial net-widening. The paper ends by suggesting reforms to the ASBO regime in England and Wales insofar as it is used against young people.<br/

‘DIY’ Research Data Management Training Kit for Librarians

Abstract – This paper discusses extended professional development training in research data management for librarians piloted at the University of Edinburgh. This is framed by the evolving research data management Roadmap at the University, national and international initiatives in managing research data by bodies such as Jisc and LIBER, and the subsequent need to ‘up skill ’ information professionals in the emerging area of academic research data management. This knowledge-transfer exercise includes independent study based on the research data MANTRA course and reflective writing, face to face sessions with different speakers giving short presentations followed by discussion, and group exercises. The resultant training ‘kit ’ was released in Spring 2013 with an open licence for other institutions, particularly those without local research data management expertise, to utilise for ‘DIY ’ RDM training

Supporting local data users in the UK academic community.

Data collection in the UK can be traced back to Roman times with the introduction of 5-yearly population censuses however it is only in recent history that the acquisition, distribution and analysis of quantitative data in digital format has been possible. 1967 saw the establishment of the SSRC Data Bank at the University of Essex. The 1970s and 1980s saw the emergence of ‘data laboratories’ within a number of UK tertiary education institutions. This evolution continued with the formation of Edinburgh University Data Library (1983) and Oxford Data Library (1985) and more recently the London School of Economics (LSE) Data Library and the LSE Research Laboratory Data Service. Based at tertiary education institutions these specialised libraries have developed independently to assist researchers and teachers in the use of quantitative data for analysis and research purposes. With Web technology and advances in telecommunications this role has continued to develop to include support for a whole range of digital data resources via National Data Centres. Thus in this digital age with increased IT literacy, technological exposure and expectancy the data librarian’s role is ever more confusing and difficult to identify. This paper will discuss the differing areas of expertise within the UK data libraries with particular reference to their relationship with National Data Centres, the role of the Data Information Specialists Committee – UK (DISC-UK), in addition to the role played by other information staff which identify them as potential data librarians from ‘non-data library’ institutions

Constructing a Framework for Criminal Justice Research: Learning from Packer's Mistakes

This article examines the framework which Herbert Packer devised for analyzing the criminal justice process. Warning against an indiscriminate use of the word "model"—something which Packer introduced, which critics of his work have perpetuated, and which today is commonplace in criminal justice research—it distinguishes three distinct tools which researchers might employ—strong ideal types, weak ideal types and non-ideal types—and underscores the importance of drawing a sharp distinction between empirical work and evaluative work. Exposing other fundamental flaws in Packer's framework, the article also abstracts two other general lessons for criminal justice research: (1) arguing that a one-dimensional framework like Packer's is insufficient, it advances the normative claim that a multidimensional framework is needed; and (2) it shows that Packer's simplistic approach to the analysis of values is ultimately inadequate. So as well as constructing a number of tools which may be used by criminal justice researchers, and offering examples of how they might be employed, the article establishes the general contours of a framework for criminal justice researc

A Suicidal Woman, Roaming Pigs and a Noisy Trampolinist: Refining the ASBO's Definition of Anti-Social Behaviour

This article discusses the definition of anti-social behaviour employed by section 1(1)(a) of the Crime and Disorder Act 1998 for the purposes of the Anti-Social Behaviour Order. It argues that, if the ASBO is to remain at the forefront of the Government's campaign against anti-social behaviour, this section should be amended. The article begins by outlining the claimed benefits of, and critics' concerns about, the definition, arguing that the difference of opinion stems from different views of state power. It then argues that the ASBO has been employed for social control, often at the expense of more constructive forms of intervention, and that this has shown New Labour's willingness to vest enforcement agencies with the wide discretion conferred by section 1(1)(a) to have been misplaced. Finally, it proposes a refined version of section 1(1), which focuses the Order on the cases for which it was purportedly designed whilst maintaining any benefits of the broad definitional approach currently taken in section 1(1)(a)

The Role of the Courts in Imposing Terrorism Prevention and Investigation Measures: Normative Duality and Legal Realism

This article argues that the courts, not the Home Secretary, should be empowered to issue Terrorism Prevention and Investigation Measures (TPIMs). It explains that at the heart of the debate are three questions: whether measures like TPIMs should be viewed primarily from the perspective of security or liberty; how we should conceive the executive and the courts; and the empirical question of how these two arms of government answer these questions. The non-mechanistic nature of legal reasoning means that legal reasons may be constructed to fit one’s normative viewpoint on each of the first two questions. Importantly, however, the case law on judicial scrutiny of control orders consistently demonstrates that the courts themselves regard TPIMs as being primarily a restriction on liberty, which require a fair hearing before an independent court. Whilst this does provide some protection of individual rights, the nature of law as an unfinished practice means that for stable protection of individual rights judicial independence must be promoted and nurtured in both the legal and political realms. The failure of the Terrorism Prevention and Investigation Measures Act 2011 to vest the power to issue TPIMs in the courts thus represents a missed opportunity to secure political endorsement of enhanced legal protection of individual liberty in cases involving national security

ASBOs and Control Orders: Two Recurring Themes, Two Apparent Contradictions

When the Government first proposed the creation of the Control Order, many commented on its apparent similarity with the Anti-Social Behaviour Order. Looking beyond the obvious similarities, the aim of this paper is to draw out two deeper themes which marked the development of both remedies. For each theme an apparent contradiction will also be identified. The paper concludes by arguing that these two recurring themes and two apparent contradictions cast doubt upon New Labour's professed commitment to nurturing a culture of human right