POLICE REVIEW ASBO CRITICISM

Oxford's police commander has accepted a judge's damning criticism
of the way an application for an antisocial behaviour order was handled.

Chief Supt David McWhirter has vowed to take each case on its merits
after a judge rejected an application for an Asbo against a council
tenant found with thousands of pounds worth of cannabis in his flat.

Judge Charles Harris last week rejected the application against Philip
Pledge, of Strawberry Path, Blackbird Leys, warning the city council
and police it was wrong for the council to substitute for the police
in criminal proceedings.

Mr McWhirter said the judge's comments would be considered when
police, in partnership with the council, reviewed future any Asbo
applications. continued...

He said: "We note his comments and wherever there's a comment from a
judge, we will think carefully about it and how it affects our
decision-making process.

"The Asbos are a tactical tool available to us and the Government has
brought them in as a way to achieve a pressure on neighbours.

"We need to judge each case on its merits, whether it's an antisocial
behaviour order or a charge which goes before the court.

"We will continue to use Asbos on drug dealers where we consider it
appropriate, but will obviously think about the comments that he has
made first."

Judge Harris also questioned whether growing cannabis plants at home
caused any more offence and nuisance to neighbours than tomato plants.

Mr McWhirter said: "It may be conceivable that if you're sitting at
home growing a little amount of cannabis, minding your own business,
it doesn't cause a problem. However, if people are coming to buy the
drugs it can cause a lot of nuisance.

"The judge makes a sensible point. We need to keep a sense of
perspective in relation to drugs."

Asbo applications in Oxford are taken to the court by the city
council, once police have identified suspected drug dealers or users.

A survey of residents in Blackbird Leys, by the Neighbourhood Action
Team, found that evicting drug dealers was one of the top three concerns.

A spokesman for Oxford City Council said the judge's comments would
not alter its Asbo policy. She said: "It states in the Antisocial
Behaviour Act that when possession proceedings are taking place we can
apply for an antisocial behaviour order on the back of those
proceedings. There doesn't have to be a criminal case for us to apply
for an Asbo."