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ANTISOCIAL BEHAVIOUR: Jennings report says bill could breach humanrights legislation

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A top barrister has condemned the antisocial behaviour bill - widely criticised for its measures relating to children and young people - as likely to breach UK and European human rights legislation if it becomes law.

Proposals that could contravene the Human Rights Act 1998 and the Children Act 1989, as highlighted in Anthony Jennings QC's report, include removing reporting restrictions on children who are subject to antisocial behaviour orders and police powers to disperse groups of two or more people.

"A nationwide curfew on young people under 16" is how Jennings describes proposals to give police powers to return a child under 16 to their home.

The 13 charities that commissioned Jennings' report have signed a statement.

They are: Barnardo's, Children's Rights Alliance for England, The Children's Society, Family Service Units, Nacro, youth justice group NAYJ, National Children's Bureau, NCH, childcare body NCVCCO, NSPCC, The NYA, Save the Children and YMCA.

They argue the bill would "alienate children and young people and reinforce stereotypes". The charities said: "Legislation should not be made on the basis of prejudice and fear."

Bob Reitemeier, chief executive of The Children's Society, said: "This blurs the distinction between civil and criminal law. It is likely to draw more children into the criminal justice system."

The bill reached its second reading at the House of Lords on 18 July.

The Joint Committee on Human Rights published a report on 21 July, saying the bill "could give rise to risk of incompatibility with convention rights".

www.childrenssociety.org.uk.


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