Bermuda will press ahead with Anti Social Behaviour Orders (ASBOs) for delinquent youths, despite plans to axe them in England and Wales.

Attorney General Kim Wilson said that although the orders have proved controversial there, she believes they will still benefit Bermuda.

ASBOs are civil, rather than criminal, orders imposed on individuals by the courts. They can ban people from engaging in specific kinds of behaviour or going to certain places.

In the UK they can be meted out to adults and juveniles alike. However, in Bermuda, they are part of the new Parental Responsibility legislation which only targets those aged over ten and under 18.

ASBOs can prohibit actions which, although not criminal themselves, would be necessary steps before a criminal act — such as a ban on entering a shop rather than on shoplifting.

They were brought into force in the UK by the Labour Government in 1999, and are imposed by Magistrates after an application by a case officer, who usually works for the local council. In Bermuda, the application will be made by a Police officer after consultation with the department of Child and Family Services.

Breaching the order is a criminal offence, for which a defendant can be arrested and even jailed.

Explaining how they will work in Bermuda, Sen. Wilson said: "An ASBO only deals with prohibition. There could be a requirement for them to not enter certain areas, places or events, so if a person is carrying on with anti social behaviour at a particular field and harassing people, and let's say it was every time there's a football match, the court can order an ASBO preventing them going to that particular field for up to two years so it could be 'for the football season, do not go to Rangers'.

"I've heard in the overseas media about all this texting and bullying, that's harassment, and perhaps they could be ordered not to contact either directly or indirectly a particular person. A girl can get an ASBO saying you can't contact (another girl).

"The great thing is the list in the act is not an exhaustive list, the court will in the circumstances be able to order what they think appropriate within the law under the circumstances.

"If a child is put on an ASBO and following the conclusion of this its prevented them from offending or committing more serious crimes, then we have succeeded."

However, after the recent change in the UK Government, Conservative party Home Secretary Theresa May has ordered a review of ASBOs in England and Wales, suggesting they could be axed.

She said in a speech last week that they do nothing to rehabilitate offenders and they criminalise many young people. With more than half of ASBOs breached between 2000 and 2008, she said they are not working and Police should be given more freedom to deal with disorder.

Asked if the moves to scrap them in the UK will affect plans for Bermuda where the Parental Responsibility Act bringing them in was passed by the Senate on July 21 Sen. Wilson said: "I have been closely following the latest developments in the UK as our Parental Responsibility legislation is largely modelled after UK legislation. Though I will continue to see how other jurisdictions address issues we in Bermuda face, I do believe that we will find success with the use of ASBOs in Bermuda."

Sen. Wilson said one reason is that Magistrates in Bermuda are legally qualified, whereas most Magistrates in the UK are lay Magistrates without legal training.

"Further, you will be aware of the Police Commissioner's renewed commitment to community Policing. I also believe that the early intervention of the department of Child and Family Services in cases where ASBOs are being considered and or ordered will further assist address the important rehabilitative and restorative factors versus instant criminality of the offender," she said.

Sen Wilson said the problem with anti-social behaviour is it can soon escalates into something more later on, such as criminal activity.

"It's like a short sharp shock. I understand there will be individuals that will test it. If you breach, you can be liable to a criminal sanction. If that happens, a social inquiry report is ordered and the person is part of the system with family services there to assist," she said.