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Explanatory Memorandum to Criminal Justice (Northern Ireland) Order 2005


3.1.A Draft Proposed Order was issued for public consultation between March and June 2005. 15 responses were received which, given the varied content of the draft Order, focused on differing aspects. Several respondents welcomed the Government’s plans to build on current Anti-social Behaviour (ASBO) legislation. Support was given to the tackling of anti-social behaviour, to the support this gives to communities and victims, and to the ability to make ASBO provisions available to other authorities. Some suggested technical improvements; and some made suggestions for future legislation.

3.2.Some concerns were expressed about the legislative proposals relating to ASBOs. Certain reservations were expressed about extending the number of organisations that can apply for ASBOs particularly at a time when existing provisions were still being tested. Some opposition was expressed to ASBO legislation overall in the belief that such provision has an adverse impact on children and young people.

3.3.In response the Government believes that ASBOs remain a necessary component of the overall response to tackling growing incidences of anti-social behaviour across Northern Ireland and will continue to help safeguard the rights of ordinary citizens to live peaceful and law abiding lives without fear of harm or intimidation in their own community. ASBOs will only impact on children and young people to the extent which they, like anyone else, choose to engage in anti-social or criminal behaviour.

3.4.The suggestions for further legislation will be considered separately and in due course.

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