As we outlined in our recent briefing, Respect Orders are largely a replica of an existing power: the ASB Injunction (ASBI).

Our research on ASBIs (written by University of York academics) shows that these powers have been subject to widespread overuse, including cases of people being imprisoned for feeding the birds, going into a prohibited area, sleeping rough, or in one case merely for asking for 50p. The majority of defendants were not represented in the breach hearing that led to their prison sentence.

It is our view that Respect Orders will reproduce – and increase – the existing problems seen with ASBIs.

We therefore call for the halting of Respect Orders – and a thorough review of existing ASB powers, which have never been subject to basic data collection or analysis.

In the context of the current parliamentary debate on the Crime and Policing Bill, we support JUSTICE’s list of suggested amendments to the Respect Order.

Overall, we call for –

• There should be no power of imprisonment for breach of Respect Orders or ASBIs;
• Every person subject to a Respect Order application should have adequate legal representation;
• No Respect Orders should be available ‘without notice’ – ie, without the person being told that the order is being made against them;
• No Respect Order should be obtained on the basis of someone ‘threatening to engage’ in behaviour, rather than their actual behaviour;
• Respect Orders should be issued on a criminal rather than civil standard of proof (‘beyond reasonable doubt’, rather than ‘balance of probabilities’);
• There should be more scrutiny and regulation of the role of the ‘supervisor’ appointed to ensure compliance with the Respect Order, to ensure that this person is impartial and does not gain undue power over the recipient;
• There should be no powers to ban someone from accessing their home.

In addition, we oppose the retention of the current ASBI for housing contexts, which can be issued (generally by housing associations) on the extremely low standard of somebody causing ‘nuisance and annoyance’. This section has been subject to the most unjust and unreasonable use, and we call for its removal.