Lawyer urges Island to adopt non-criminal anti-social behaviour orders used in the UK
Defence lawyer Rick Woolridge is calling for Bermuda to introduce British-style anti-social behaviour orders to deal with misbehaving youth.
Mr. Woolridge said ASBOs, as they are known in the UK, can help prevent juveniles from breaking the law or causing distress in the community without criminalising them at an early age.
He spoke out after Attorney General Kim Wilson announced a raft of legislative changes to tackle gang and gun crime, including extending the powers of Police officers to disperse groups, confiscate items such as hooded tops and face scarves and temporarily close down licensed venues.
"I think it's unnecessary," Mr. Woolridge told The Royal Gazette. "I think the direction they should take, rather than try to criminalise people, because we have become so penal in our approach, is to introduce ASBOs."
In the UK, civil courts issue ASBOs forbidding individuals who have behaved in a specific threatening or intimidating way from doing so again — without giving them a criminal record.
This can include banning them from spending time with a particular group of friends or visiting certain areas. If the order is breached, the person can go to jail for up to five years or be fined.
Mr. Woolridge, who has worked as a barrister in the UK, said: "An ASBO can be asked for by the Police, the local authority, which in this jurisdiction could be the parish council, or any public landlord.
"With an ASBO in the UK, it can last for two years. It's a better option, I believe, than criminalising those young men and women who fall afoul of their social graces."
He said notice of the order could be published in a person's neighbourhood. "The community ends up helping the Police," said Mr. Woolridge, who represented young men served with ASBOs in Milton Keynes and Luton.
He said he agreed with the AG's proposal to allow Police to remove and take home children under 17 from trouble hot spots. But he is concerned about allowing Police to disperse groups from "hang out" areas known for anti-social behaviour or crime.
"It's almost like a throwback to [the crime of] wandering abroad," he said. "That was taken off the statute books because it came from the old slavery days. Culturally, everybody has their 'hang out' and they may be doing nothing wrong."
Likewise, he said letting officers confiscate certain items of clothing where they suspect a person is trying to conceal their identity could be open to abuse.
Senator Wilson told a press conference on Friday that the planned changes to the Criminal Code would be tabled in the House of Assembly on February 5. She said UK legislation on anti-social behaviour had been used as the "framework" for the changes.
The Justice Minister also wants to extend the pool of jurors for criminal trials, bring in a law making parents civilly responsible for their children's crimes and amend the Liquor Licence Act so Police can close down licensed premises for up to 24 hours without the permission of a justice of the peace.
• Do you think Bermuda should introduce ASBOs? What about a parental responsibility law? Send your views to news@royalgazette.bm