JEP Question: Law and order

The JEP has invited the 21 Senatorial candidates to answer a series of questions covering a wide range of key topics in the election

Question:
Should Jersey introduce UK-style measures against anti-social behaviour, such as ASBOs and dispersal zones, where only limited numbers can congregate?

Mick Pashley
ASBOs and dispersal zones are a bone of contention and have become more of a status symbol to some than a deterrent. It is obvious that the main target for these measures are our younger generation. I would be more in favour of an on-the-spot fine, possibly targeted at parents to ensure a greater parental control. The main problem with introducing dispersal zones is that they will only be labelled as such if they are places that are currently used for large numbers to meet. This could easily have a knock-on effect by adding more places as the groups move.

Chris Perkins
As a St Helier resident, I am often witness to what is a continuing deterioration in standards of behaviour. I was one of the campaigners who were successful in closing down the Eagle Tavern, which had been the cause of years of distress to the local residents. ASBOs in the UK have not solved the problem and have even become a badge of honour. We need, among other things, better living conditions for many residents, less overcrowding, greater awareness of the problems caused by alcohol and the provision of facilities and meeting places that our young people want.

Trevor Pitman
As a youth/community development professional I believe we must strike a balance between real deterrents for persistent and serious offenders and the restorative justice approach. Applied with skill, restorative justice brings home to young criminals the hurt and damage their actions have caused, providing a far superior long-term positive than an ASBO (for many in the UK often worn as a badge of honour). Our parish hall inquiry system already provides good early intervention to stop many young people from acquiring a criminal record. Let’s treat causes, not symptoms: affordable youth facilities; sale of alcohol; prison training/after care; family support.

Senator Paul Routier
While Jersey does have some recognised areas which do need some concentrated effort by the police to control anti-social behaviour, I would be reluctant to introduce the UK measures. I would much prefer to see a greater emphasis on and development of programmes which include young people in community projects with youth workers and specific sports projects like the inflatable football pitch. We should ensure that the skatepark and other facilities are established to enable young people to become involved and responsible for their own facilities. Investment in youth facilities will help to resolve anti-social behaviour.

Deputy Geoff Southern
I am not in favour of importing ASBO culture from the UK. Some young criminals collect ASBOs like cub-scout badges. Our parish hall inquiry system provides excellent early intervention to prevent many youngsters from acquiring a criminal record. We are still a relatively safe society with far lower levels of anti-social behaviour than in the UK. We should treat causes, not symptoms: provision of affordable activities for young people (regenerate the Fort), support families in trouble, improve training in prison, support prison aftercare to lower reoffending rates and enforce regulations over sale of alcohol.

Montfort Tadier
ASBOs would only serve to criminalise people, and is really a soft opinion. If we are really concerned about anti-social behaviour, we should look to the root causes – ie Jersey’s excessive drinking culture and a general lack of facilities for the youth of the Island. We should also consider better use of police time, perhaps putting police back at the heart of the community to help deter crime, as well as sorting out offenders.

Deputy Peter Troy
I personally am against criminalising young people, and I am not convinced that we have a major problem in Jersey. Most young people are well behaved, and it is only a minority who cause concern. The States of Jersey police and honorary police have a good rapport with many of our young people and deal with youth crime (which in Jersey is often not as serious as that in the UK) in a way which encourages dialogue. Youth workers and police regularly speak to young people on Friday nights to encourage good behaviour.

Senator Mike Vibert
Jersey should develop its own measures for dealing with anti-social behaviour best suited to our community. Stricter laws on the sale and consumption of alcohol by minors coupled with compulsory parenting classes for offending young persons and their parents should be considered. Also, more investment in initiatives such as the highly successful informal sports events run by David Kennedy would be likely to lower the incidence of unacceptable behaviour.

Adrian Walsh
ASBOs may not be viable in Jersey, though they should be looked at to see if they can be a deterrent for excessive repeat offences. I believe that with the younger in our society we should be laying fines firmly at the feet of the parents, and for the older generation a meaningful time in working for society as punishment. As always, prevention is better than cure and ideally spotting problems early or education and counsel may stop a repeat offence occurring.

Daniel Wimberley
Anti-social behaviour can make people’s lives hell. The quickest way to end the hell is evidence-based, effective action. We must avoid unintended consequences, eg the well-documented wearing of an ASBO as a badge of honour. We have to build social capital, in particular opportunities for people to meet, co-operate and play together across social and age divides, to reduce the segmentation of our culture. This segmentation is fine for those with something to sell, but it is bad for us all. And we need to deploy relational ‘punishments’ such as family group conferences and restorative justice.

Deputy Alan Breckon
Anti-social behaviour can take place in a very localised way or can occur in a more public place. When this happens it can be seen as both a threat and a form of intimidation. Any given situation needs to be treated on its merits with a balance drawn between people’s rights and freedoms of association to the rights of others not to be threatened by their actions. Parental involvement would be more important when looking at situations involving young people. The positive role that the honorary police play should be more widely recognised.

Deputy Sarah Ferguson
And criminalise more of our youth when the rehabilitation of offenders law is not working properly? We could make parents also be sentenced to community service with their children. We could see how the curfew trial in south-west England works. The Friday night football at St Brelade works well but we need an equivalent effort for girls. I would like to see more involvement by parents and the Youth Service.

Mark Forskitt
No, these measures create further alienation from mainstream society. It is far better to prevent issues arising. The approach should be to engage people in the community meaningfully.

Mike Higgins
No. The idea of no-go areas or dispersal zones in an Island the size of Jersey is abhorrent. ASBOs haven’t worked in the UK. We should not overreact over the actions of a small minority of children and demonise all children and criminalise others who hopefully will grown up to be first-class citizens. More and more people are being refused employment because of minor infractions when they were younger. If they cannot get work, how can we expect them to follow the norms of society?

Cliff Le Clercq
Yes. ASBOS offer the offender a last chance to shape up and keep out of the criminal justice system. Young people make mistakes and the chance to take a better road should be afforded, and it’s cheaper than hundreds of pounds a week to be kept sulking in La Moye. As for dispersal zones, yes – we are trying to revive tourism so threatening street behaviour is no good to anyone.

Nick Le Cornu
Such measures are already the subject of considerable debate in the UK. It would be very odd for our Island to on one hand claim its independence from UK standards and then propose, let alone adopt, highly controversial infringements on our citizens’ civil liberties. We have a remarkable number of police officers for a small community who could me much better deployed. The organised and supervised facilities for young people in many areas are sadly missing or underfunded.

Ian Le Marquand
Law and order is my specialist area. The main public order issues in Jersey relate to excessive drinking by adults in licensed premises and by youths in public places. We need firmer enforcement of the existing licensing laws and a new law to ban the consumption of alcohol in public places by youths aged under 17. ASBOs and dispersal orders are only useful where the police cannot prove offences in a criminal court, but this is not the problem in Jersey. ASBOs have also led to young people being unnecessarily sentenced to youth custody, which must be avoided.

Deputy Alan Maclean
I don’t think that such prescriptive measures as dispersal zones are appropriate for Jersey. However, anti-social behaviour should be taken very seriously with the necessary powers afforded to the police and courts to be able to act more effectively. Parents should be made more accountable for the behaviour of their children, but where the family has broken down there needs to be appropriate support. The current review of the licensing laws will assist, as most incidents are alcohol-related. I am a great supporter of the honorary system, which delivers a common sense community style of policing.

Jeremy Maçon
An alternative solution which does not initially criminalise people is successful in London. The system of handing out yellow cards bans offenders from being in certain areas for a period of time and if they do not leave they are heavily fined. This is an on-the-spot measure and is proving effective in quickly diffusing potentially violent situations. We could expand this to ‘three strikes and you’re out’, meaning you do get charged if you offend three times. Where potentially violent groups are congregating, those refusing to disperse could be given a yellow card and made to leave the area.

Senator Philip Ozouf
I don’t believe in introducing these measures. We are not the UK and in such a small community we don’t need the draconian measures designed for inner cities. I favour being tough on the causes of crime with education and through our honorary system. We are fortunate to have our valued honorary police and the parish hall inquiry system, which means young people are not automatically criminalised.

Nick Palmer
Clearly, ASBOs often fail on the mainland – regarded as a badge of honour by many perpetrators. It is debatable whether this is down to the design of the system or poor implementation and enforcement. Defining anti-social behaviour for all tastes is difficult. Some hooligan behaviour is just high spirits to others. Locally, we could learn from the UK’s experience and design better ASBOs, which I am sure we would enforce better. Dispersal zones are too extreme – the police already have powers to disperse large numbers who are exhibiting threatening behaviour. We do not want limitations on non-threatening crowds. (from thisisjersey)