Exclusive: Analysis of antisocial behaviour injunctions found 57% of people had no legal representation at breach hearings that led to imprisonment
Almost 250 people have been imprisoned for breaching antisocial behaviour injunctions (asbis) since 2020, with people being jailed for sleeping rough, begging, feeding birds and making a noise.
Analysis from academics at the universities of York and Coventry found that out of 242 cases examined from 2020-2024, there were 72 cases of imprisonment for general nuisance, 61 for abusive language and 51 for noise.
They found that 57% of people did not have legal representation at the breach hearing that led to their imprisonment: out of 97 recorded cases, 55 defendants were not represented.
“People are not getting proper representation and they get sent to prison for sometimes long periods, weeks and months. There’s no sentencing guidance for this,” said Prof Caroline Hunter from York Law School. “People might have a lot of issues that need to be dealt with, but they’re not dealt with by sending them to prison.”
An asbi is a civil injunction used to tackle antisocial behaviour, and can be issued to anyone age 10 or over. Breaching an injunction is not a criminal offence, but those who disobey an order are guilty of contempt of court and can be sent to prison.
Civil injunctions are also used in cases involving protesters, and land disputes involving Gypsies and Travellers.
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Housing associations accounted for 45% of the asbis where someone was committed for sentence, while local authorities accounted for 41%.
The analysis found people were imprisoned for an average of 95 days for breaches, with Gypsy and Traveller cases disproportionately more likely to receive a higher sentence – 70% of those cases were in the highest quartile for sentencing, compared with 24% of antisocial behaviour cases.
The reports raised concerns about people being imprisoned even where there was no evidence of harm or inconvenience caused.
A Home Office spokesperson said: “New Respect Orders will give police and councils the powers they need to clamp down on persistent antisocial behaviour and to place tough restrictions on the worst offenders.”
Original article at https://www.theguardian.com/society/2025/apr/21/concern-over-asbis-after-report-finds-people-jailed-for-sleeping-rough-and-feeding-birds
