In sp!ked, Patrick Hayes talks about the new social control mechanism being introduced to replace the notorious ASBO, the Injunction to Prevent Nuisance and Annoyance:
It sounds like a joke, but IPNAs — introduced in Clause 1 of the Anti-Social Behaviour, Crime and Policing Bill, which received its second reading in the House of Lords last week — really do seem quite easy to enforce. Indeed, they make their predecessors, New Labour’s notorious Anti-Social Behaviour Orders (ASBOs), seem like a level-headed intervention into community life in comparison.
The bill says that in order for an IPNA to be granted, a court needs to be satisfied ‘on the balance of probabilities that the respondent has engaged or threatens to engage in conduct capable of causing nuisance or annoyance to any person’. Once satisfied, the court can issue an IPNA in order ‘to grant the injunction for the purpose of preventing the respondent from engaging in anti-social behaviour’.
It seems that for the Lib-Con coalition government, the problem with ASBOs was not that they circumvented the normal exercise of law by dishing out behaviour-controlling orders to people who hadn’t actually committed any crime, but rather that they only covered behaviour that might cause ‘harassment, alarm or distress’. So it has introduced IPNAs, which cover everyday nuisance and annoying behaviour, too. In fact, you don’t actually have to be annoying to get an IPNA — even the threat of behaving annoyingly can earn you one of these orders that do not require criminal-law standards of proof and can instead be handed out, to anyone over 10, at a court’s convenience. If you flout an IPNA, you face up to three months in prison.