That's not really the point I'm making; the actual implementation of ASBOs means that we can effectively sidestep the process of determining whether someone's behaviour falls into a criminal category, or even if where we think it does they are guilty "beyond reasonable doubt". Since we can impose ASBOs on the basis of whether we just don't like someone's behaviour (even if it's not criminal) or where "we know he's guilty of something...", we effectively sidestep the legislative and judicial process. In the first case, because we've suddenly created a new class of offender whose sole offence is that they may have broken an order preventing them from doing something that would be legal for anyone else (walking down a certain street, for instance) and in the second because even if we believe someone is guilty of criminal behaviour we would ordinarily have to prove that criminal behaviour beyond reasonable doubt. Now, we can again impose an order forbidding things that would be legal for any other person and if they breach THAT we can send them to prison. Again, the only thing they'd be guilty of is breaching an order that forbids them doing something that for anyone else would be legal, and the only reason that order would be there is because they are believed to be guilty of something, although they've not been tried or convicted for it. In the first place, we're criminalising someone without benefit of trial for something which isn't criminal, and in the second we're criminalising someone without trying them for the offence that we might think they're guilty of. You see the problem?Originally Posted by Vaul
edit: Anyway, me for the pub too - oh, and Vaul? "You're my beshtesht pal!" >throws arm around shoulder and hiccups madly<