First, ASBOs have been increasingly ineffective and have become a badge of honour in some cases; secondly, we want to streamline the powers so they are clear; and, thirdly, we want to use powers that are quick and efficient and that do the job, which is what Members on both sides of the Chamber want: we all want a swift reduction in antisocial behaviour.
As I have said, the main replacements for the ASBO are the injunction under part 1 of the Bill and the criminal behaviour order under part 2. In drawing comparisons with the ASBO, they should be seen together, rather than be taken individually. The injunction is a purely civil remedy. That means it has a lower test than the ASBO on application, coupled with the lower civil standard of proof, so it will be quicker to obtain than the existing order. Front-line professionals will be able to use it as a preventive measure to nip emerging problems in the bud before they escalate into something more serious—which I think is good news for victims— but, crucially, the court could also include “positive requirements” in the order. That is missing from the ASBO arrangements; indeed, that is one of their major flaws. That has meant the focus has been on stopping the behaviour, but not on getting individuals to deal with the underlying drivers of their behaviour. If we are to prevent reoccurrences of bad behaviour, it is very important we address that.
Unlike for the ASBO, breach of the IPNA will not be a criminal offence. This means there is no risk of criminalising under-18s. It will also help to reduce the burden on the police and others in gathering and providing evidence. That does not mean that the injunction has no teeth if it is breached: it does. Adults can be imprisoned for up to two years for breaching the terms of the IPNA, and the court can detain an under-18 if it thinks that, due to the severity or extent of the breach, no other power available to the court is appropriate.
We must not look at the injunction in isolation. It is complemented by the CBO, which will be available to deal with the most serious antisocial behaviour. Breach
of a CBO will be a criminal offence with a maximum sentence of five years in prison. That is the same sanction as is available for the breach of an ASBO, but the CBO will be more effective than the ASBO because, like the injunction, it can have positive requirements attached to it to help the offender turn their life around.
These reforms are about putting the victim first and providing streamlined, effective powers for enforcement agencies to do just that. Amendment 96 seeks to retain a discredited regime that has left people across the country suffering from antisocial behaviour. I therefore hope, perhaps optimistically, that the hon. Gentleman will withdraw his amendment in due course.