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Title: Behaviour orders : preventive and/or punitive measures?
Author: Kelly, Rory
Awarding Body: University of Oxford
Current Institution: University of Oxford
Date of Award: 2019
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This thesis enquires into the nature of behaviour orders; specifically, it seeks to establish whether they are preventive and/or punitive. In 1998, Parliament introduced the anti-social behaviour order (ASBO), an order granted in a civil court that imposed ostensibly preventive conditions - such as curfews - on its recipient. Breach of a condition was an offence. This hybrid model was meant to overcome the supposedly unique difficulties of addressing anti-social behaviour through the criminal law. There has since been a proliferation of behaviour orders that take the form of or forms similar to the now repealed ASBO. At present, there are 33 such orders that target behaviours ranging from community nuisance to violent offending. Behaviour orders are often described as preventive by courts and commentators. The central contention of this thesis is that though all behaviour orders are preventive, many are also punitive. The importance of this contention lies in the consequences of both classifications. Heightened safeguards, such as the presumption of innocence, must be employed when a trial may result in punishment. The current processes for the imposition of behaviour orders fall short of these standards. In addition, the thesis argues comparable safeguards should precede the imposition of preventive measures imposed by the state when these measures are coercive and based on a risk assessment. Again, such safeguards are not routinely employed before behaviour orders are imposed. In making out this argument, the thesis develops a new taxonomy of behaviour orders; offers new insight into both domestic judgments on behaviour orders and related decisions of the European Court of Human Rights; and critically engages with the concepts of punishment and prevention themselves.
Supervisor: Zedner, Lucia Sponsor: Not available
Qualification Name: Thesis (Ph.D.) Qualification Level: Doctoral
EThOS ID:  DOI: Not available
Keywords: Penal theory ; criminal law