Stavros Demetriou | University of Sussex (original) (raw)
Papers by Stavros Demetriou
Social Science Research Network, Feb 1, 2016
This article reviews the Commission’s 2015 recommendations on the non-fatal offences against the ... more This article reviews the Commission’s 2015 recommendations on the non-fatal offences against the person. Its analysis focuses on three main pillars: (i) it examines whether the current law in this area is in need of modernisation; (ii) it asks whether the ‘ladder’ of non-fatal offences should be reformed in the manner recommended by the Commission; and (iii) it identifies and elaborates on issues which have not been adequately addressed by the Commission in this project, albeit they constitute integral parts of the offences against the person. This paper suggests that the Commission’s recommendations provide a good starting point, but a more comprehensive review of this area is still required. It is submitted that the reluctance of the Commission to deal in more depth with some fundamental issues, such as the codification of the fault requirements, detracts from the overall strength of this project.
Article (Accepted Version) http://sro.sussex.ac.uk Demetriou, Stavros (2019) From the ASBO to the... more Article (Accepted Version) http://sro.sussex.ac.uk Demetriou, Stavros (2019) From the ASBO to the injunction: a qualitative review of the antisocial behaviour legislation post-2014. Public Law (April). pp. 343-361.
Legal Studies, Jun 10, 2020
Article (Accepted Version) http://sro.sussex.ac.uk Demetriou, Stavros (2020) Crime and antisocial... more Article (Accepted Version) http://sro.sussex.ac.uk Demetriou, Stavros (2020) Crime and antisocial behaviour in England and Wales: an empirical evaluation of the ASBO's successor. Legal Studies, 40 (3). pp. 458-476.
Journal of Criminal Law, Jun 1, 2016
Article (Accepted Version) http://sro.sussex.ac.uk Demetriou, Stavros (2016) Not giving up the fi... more Article (Accepted Version) http://sro.sussex.ac.uk Demetriou, Stavros (2016) Not giving up the fight: a review of the Law Commission's scoping report on non-fatal offences against the person.
Sweet & Maxwell, Mar 18, 2019
Article (Accepted Version) http://sro.sussex.ac.uk Demetriou, Stavros (2019) From the ASBO to the... more Article (Accepted Version) http://sro.sussex.ac.uk Demetriou, Stavros (2019) From the ASBO to the injunction: a qualitative review of the antisocial behaviour legislation post-2014. Public Law (April). pp. 343-361.
Legal Studies, 2020
This paper presents the findings of an empirical study conducted with local enforcement agents in... more This paper presents the findings of an empirical study conducted with local enforcement agents in two areas in England regarding the implementation of the anti-social behaviour injunction which succeeded the anti-social behaviour order (ASBO). These findings shed light on the procedure followed by local enforcement agents when dealing with an incident of anti-social behaviour. The data presented suggests that despite the recent legislative amendments, much of the regulation of anti-social behaviour still takes place in the ‘shadows’ with local enforcement agents utilising a range of informal interventions before applying to court for the issue of an injunction. Moreover, it is argued that despite the repeal and replacement of the ASBO by what appears to be a purely civil measure, many of the criticisms raised about the order and its potential misuse remain largely unaddressed.
Social Science Research Network, 2016
This article reviews the Commission’s 2015 recommendations on the non-fatal offences against the ... more This article reviews the Commission’s 2015 recommendations on the non-fatal offences against the person. Its analysis focuses on three main pillars: (i) it examines whether the current law in this area is in need of modernisation; (ii) it asks whether the ‘ladder’ of non-fatal offences should be reformed in the manner recommended by the Commission; and (iii) it identifies and elaborates on issues which have not been adequately addressed by the Commission in this project, albeit they constitute integral parts of the offences against the person. This paper suggests that the Commission’s recommendations provide a good starting point, but a more comprehensive review of this area is still required. It is submitted that the reluctance of the Commission to deal in more depth with some fundamental issues, such as the codification of the fault requirements, detracts from the overall strength of this project.
Legislation: Antisocial Behaviour, Crime and Policing Act 2014 (c.12) *P.L. 343 Since the mid-199... more Legislation: Antisocial Behaviour, Crime and Policing Act 2014 (c.12) *P.L. 343 Since the mid-1990s antisocial behaviour (ASB)-and responses thereto-have played a prominent role in both political discourse and the criminal justice system. Amidst significant focus on problems associated with ASB, there emerged a shift in governmental policies towards risk management and preventive-led interventions. 1 Not only was this shift aimed at providing a means of early intervention, it also had the objective of moving towards a more victim-oriented approach. 2 The criminal justice system had previously been accused of "safeguarding the rights of the accused" at the expense of paying sufficient attention to the harm suffered by victims and their needs, 3 hence the need for a more balanced approach. The cornerstone of the response to ASB was the antisocial behaviour order (ASBO), which was introduced under the Crime and Disorder Act 1998 (the 1998 Act). 4 The enactment of the Antisocial Behaviour, Crime and Policing Act 2014 (the 2014 Act) sought to revolutionise the law on ASB by providing a more effective and flexible legal framework to local communities. 5 To this end, a raft of new measures was introduced. Some of these new measures, such as the Part 1 injunction, repealed and replaced pre-existing instruments, such as the ASBO, whereas others, such as the community trigger, 6 are completely new. This article offers new insights into the ASB regime by focusing on key developments under the 2014 Act. The article is structured in three parts. It begins by providing a critical analysis of the pre-2014 legal framework on ASB and the main challenges posed by it. Secondly, it offers a critical evaluation of the 2014 *P.L. 344 amendments focusing specifically on: i) the extended definition of ASB; ii) the repeal and replacement of both the ASBO and the post-conviction ASBO (CrASBO) by the injunction and the criminal behaviour order (CBO) respectively; and iii) the introduction of positive obligations. Thirdly, the article presents findings of an empirical study conducted with local enforcement agents focusing on the impact that the abovementioned developments have had on the daily administration of ASB at a local level. 7 Although there is extensive empirical research on the pre-2014 ASB framework, 8 this article delivers the first empirical data (that the author is aware of) on the implementation of the 2014 amendments. The findings of this study militate against some of the concerns raised about the potential misuse of the ASB legislation, e.g. the possibility of extending the scope of the law to purely innocent behaviour. This is due to a number of factors, such as the limited availability of resources and the presence of a review procedure. The findings of this study, however, should be approached with caution since the implementation of the ASB measures can vary considerably across England and Wales. The possibility, therefore, of using these measures in an arbitrary manner cannot be dismissed. This article argues that the findings of this study could assist in the formulation of a new code of practice for local enforcement agents through which the misuse of the ASB legislation can be prevented whilst ensuring a more coherent implementation of the relevant tools and powers. The initial response to antisocial behaviour As a line of high profile cases, such as that of Fiona Pilkington suggests, 9 ASB can range from everyday incivilities, such as noisy neighbours, to behaviour already proscribed by the criminal law, such as criminal damage, and can have a devastating effect on people's quality of life. 10 Certain kinds of ASB, especially those situated at the lower end of the spectrum, can be dismissed as too trivial to Page1
This thesis examines the implementation of anti-social behaviour (ASB) tools and powers in Englan... more This thesis examines the implementation of anti-social behaviour (ASB) tools and powers in England and Wales. The main focus of this thesis is to assess how the 2014 amendments to the ASB regime have been implemented and to explore whether this resulted in the indirect criminalisation of certain kinds of behaviour. Although, in theory, the rationale underpinning these measures (such as the Part 1 injunction) is the prevention of further ASB, the ambiguous drafting of the relevant legislation in conjunction with the significant degree of discretion granted to local enforcement agents appear to allow for the imposition of sanctions akin to criminal punishment. Central to this thesis is the assumption that despite the preventive nature of these measures, it is essential to look beyond the official classification of legal rules (ie, ASB rules as non-criminal) and investigate how these have been implemented in practice. To achieve this, a working definition of criminalisation is formulat...
Public Law, 2019
Legislation: Antisocial Behaviour, Crime and Policing Act 2014 (c.12) *P.L. 343 Since the mid-199... more Legislation: Antisocial Behaviour, Crime and Policing Act 2014 (c.12) *P.L. 343 Since the mid-1990s antisocial behaviour (ASB)-and responses thereto-have played a prominent role in both political discourse and the criminal justice system. Amidst significant focus on problems associated with ASB, there emerged a shift in governmental policies towards risk management and preventive-led interventions. 1 Not only was this shift aimed at providing a means of early intervention, it also had the objective of moving towards a more victim-oriented approach. 2 The criminal justice system had previously been accused of "safeguarding the rights of the accused" at the expense of paying sufficient attention to the harm suffered by victims and their needs, 3 hence the need for a more balanced approach. The cornerstone of the response to ASB was the antisocial behaviour order (ASBO), which was introduced under the Crime and Disorder Act 1998 (the 1998 Act). 4 The enactment of the Antisocial Behaviour, Crime and Policing Act 2014 (the 2014 Act) sought to revolutionise the law on ASB by providing a more effective and flexible legal framework to local communities. 5 To this end, a raft of new measures was introduced. Some of these new measures, such as the Part 1 injunction, repealed and replaced pre-existing instruments, such as the ASBO, whereas others, such as the community trigger, 6 are completely new. This article offers new insights into the ASB regime by focusing on key developments under the 2014 Act. The article is structured in three parts. It begins by providing a critical analysis of the pre-2014 legal framework on ASB and the main challenges posed by it. Secondly, it offers a critical evaluation of the 2014 *P.L. 344 amendments focusing specifically on: i) the extended definition of ASB; ii) the repeal and replacement of both the ASBO and the post-conviction ASBO (CrASBO) by the injunction and the criminal behaviour order (CBO) respectively; and iii) the introduction of positive obligations. Thirdly, the article presents findings of an empirical study conducted with local enforcement agents focusing on the impact that the abovementioned developments have had on the daily administration of ASB at a local level. 7 Although there is extensive empirical research on the pre-2014 ASB framework, 8 this article delivers the first empirical data (that the author is aware of) on the implementation of the 2014 amendments. The findings of this study militate against some of the concerns raised about the potential misuse of the ASB legislation, e.g. the possibility of extending the scope of the law to purely innocent behaviour. This is due to a number of factors, such as the limited availability of resources and the presence of a review procedure. The findings of this study, however, should be approached with caution since the implementation of the ASB measures can vary considerably across England and Wales. The possibility, therefore, of using these measures in an arbitrary manner cannot be dismissed. This article argues that the findings of this study could assist in the formulation of a new code of practice for local enforcement agents through which the misuse of the ASB legislation can be prevented whilst ensuring a more coherent implementation of the relevant tools and powers. The initial response to antisocial behaviour As a line of high profile cases, such as that of Fiona Pilkington suggests, 9 ASB can range from everyday incivilities, such as noisy neighbours, to behaviour already proscribed by the criminal law, such as criminal damage, and can have a devastating effect on people's quality of life. 10 Certain kinds of ASB, especially those situated at the lower end of the spectrum, can be dismissed as too trivial to Page1
This article reviews the Commission's 2015 recommendations on the non-fatal offences against the ... more This article reviews the Commission's 2015 recommendations on the non-fatal offences against the person. Its analysis focuses on three main pillars: (i) it examines whether the current law in this area is in need of modernisation; (ii) it asks whether the 'ladder' of non-fatal offences should be reformed in the manner recommended by the Commission; and (iii) it identifies and elaborates on issues which have not been adequately addressed by the Commission in this project, albeit they constitute integral parts of the offences against the person. This paper suggests that the Commission's recommendations provide a good starting point, but a more comprehensive review of this area is still required. It is submitted that the reluctance of the Commission to deal in more depth with some fundamental issues, such as the codification of the fault requirements, detracts from the overall strength of this project.
Social Science Research Network, Feb 1, 2016
This article reviews the Commission’s 2015 recommendations on the non-fatal offences against the ... more This article reviews the Commission’s 2015 recommendations on the non-fatal offences against the person. Its analysis focuses on three main pillars: (i) it examines whether the current law in this area is in need of modernisation; (ii) it asks whether the ‘ladder’ of non-fatal offences should be reformed in the manner recommended by the Commission; and (iii) it identifies and elaborates on issues which have not been adequately addressed by the Commission in this project, albeit they constitute integral parts of the offences against the person. This paper suggests that the Commission’s recommendations provide a good starting point, but a more comprehensive review of this area is still required. It is submitted that the reluctance of the Commission to deal in more depth with some fundamental issues, such as the codification of the fault requirements, detracts from the overall strength of this project.
Article (Accepted Version) http://sro.sussex.ac.uk Demetriou, Stavros (2019) From the ASBO to the... more Article (Accepted Version) http://sro.sussex.ac.uk Demetriou, Stavros (2019) From the ASBO to the injunction: a qualitative review of the antisocial behaviour legislation post-2014. Public Law (April). pp. 343-361.
Legal Studies, Jun 10, 2020
Article (Accepted Version) http://sro.sussex.ac.uk Demetriou, Stavros (2020) Crime and antisocial... more Article (Accepted Version) http://sro.sussex.ac.uk Demetriou, Stavros (2020) Crime and antisocial behaviour in England and Wales: an empirical evaluation of the ASBO's successor. Legal Studies, 40 (3). pp. 458-476.
Journal of Criminal Law, Jun 1, 2016
Article (Accepted Version) http://sro.sussex.ac.uk Demetriou, Stavros (2016) Not giving up the fi... more Article (Accepted Version) http://sro.sussex.ac.uk Demetriou, Stavros (2016) Not giving up the fight: a review of the Law Commission's scoping report on non-fatal offences against the person.
Sweet & Maxwell, Mar 18, 2019
Article (Accepted Version) http://sro.sussex.ac.uk Demetriou, Stavros (2019) From the ASBO to the... more Article (Accepted Version) http://sro.sussex.ac.uk Demetriou, Stavros (2019) From the ASBO to the injunction: a qualitative review of the antisocial behaviour legislation post-2014. Public Law (April). pp. 343-361.
Legal Studies, 2020
This paper presents the findings of an empirical study conducted with local enforcement agents in... more This paper presents the findings of an empirical study conducted with local enforcement agents in two areas in England regarding the implementation of the anti-social behaviour injunction which succeeded the anti-social behaviour order (ASBO). These findings shed light on the procedure followed by local enforcement agents when dealing with an incident of anti-social behaviour. The data presented suggests that despite the recent legislative amendments, much of the regulation of anti-social behaviour still takes place in the ‘shadows’ with local enforcement agents utilising a range of informal interventions before applying to court for the issue of an injunction. Moreover, it is argued that despite the repeal and replacement of the ASBO by what appears to be a purely civil measure, many of the criticisms raised about the order and its potential misuse remain largely unaddressed.
Social Science Research Network, 2016
This article reviews the Commission’s 2015 recommendations on the non-fatal offences against the ... more This article reviews the Commission’s 2015 recommendations on the non-fatal offences against the person. Its analysis focuses on three main pillars: (i) it examines whether the current law in this area is in need of modernisation; (ii) it asks whether the ‘ladder’ of non-fatal offences should be reformed in the manner recommended by the Commission; and (iii) it identifies and elaborates on issues which have not been adequately addressed by the Commission in this project, albeit they constitute integral parts of the offences against the person. This paper suggests that the Commission’s recommendations provide a good starting point, but a more comprehensive review of this area is still required. It is submitted that the reluctance of the Commission to deal in more depth with some fundamental issues, such as the codification of the fault requirements, detracts from the overall strength of this project.
Legislation: Antisocial Behaviour, Crime and Policing Act 2014 (c.12) *P.L. 343 Since the mid-199... more Legislation: Antisocial Behaviour, Crime and Policing Act 2014 (c.12) *P.L. 343 Since the mid-1990s antisocial behaviour (ASB)-and responses thereto-have played a prominent role in both political discourse and the criminal justice system. Amidst significant focus on problems associated with ASB, there emerged a shift in governmental policies towards risk management and preventive-led interventions. 1 Not only was this shift aimed at providing a means of early intervention, it also had the objective of moving towards a more victim-oriented approach. 2 The criminal justice system had previously been accused of "safeguarding the rights of the accused" at the expense of paying sufficient attention to the harm suffered by victims and their needs, 3 hence the need for a more balanced approach. The cornerstone of the response to ASB was the antisocial behaviour order (ASBO), which was introduced under the Crime and Disorder Act 1998 (the 1998 Act). 4 The enactment of the Antisocial Behaviour, Crime and Policing Act 2014 (the 2014 Act) sought to revolutionise the law on ASB by providing a more effective and flexible legal framework to local communities. 5 To this end, a raft of new measures was introduced. Some of these new measures, such as the Part 1 injunction, repealed and replaced pre-existing instruments, such as the ASBO, whereas others, such as the community trigger, 6 are completely new. This article offers new insights into the ASB regime by focusing on key developments under the 2014 Act. The article is structured in three parts. It begins by providing a critical analysis of the pre-2014 legal framework on ASB and the main challenges posed by it. Secondly, it offers a critical evaluation of the 2014 *P.L. 344 amendments focusing specifically on: i) the extended definition of ASB; ii) the repeal and replacement of both the ASBO and the post-conviction ASBO (CrASBO) by the injunction and the criminal behaviour order (CBO) respectively; and iii) the introduction of positive obligations. Thirdly, the article presents findings of an empirical study conducted with local enforcement agents focusing on the impact that the abovementioned developments have had on the daily administration of ASB at a local level. 7 Although there is extensive empirical research on the pre-2014 ASB framework, 8 this article delivers the first empirical data (that the author is aware of) on the implementation of the 2014 amendments. The findings of this study militate against some of the concerns raised about the potential misuse of the ASB legislation, e.g. the possibility of extending the scope of the law to purely innocent behaviour. This is due to a number of factors, such as the limited availability of resources and the presence of a review procedure. The findings of this study, however, should be approached with caution since the implementation of the ASB measures can vary considerably across England and Wales. The possibility, therefore, of using these measures in an arbitrary manner cannot be dismissed. This article argues that the findings of this study could assist in the formulation of a new code of practice for local enforcement agents through which the misuse of the ASB legislation can be prevented whilst ensuring a more coherent implementation of the relevant tools and powers. The initial response to antisocial behaviour As a line of high profile cases, such as that of Fiona Pilkington suggests, 9 ASB can range from everyday incivilities, such as noisy neighbours, to behaviour already proscribed by the criminal law, such as criminal damage, and can have a devastating effect on people's quality of life. 10 Certain kinds of ASB, especially those situated at the lower end of the spectrum, can be dismissed as too trivial to Page1
This thesis examines the implementation of anti-social behaviour (ASB) tools and powers in Englan... more This thesis examines the implementation of anti-social behaviour (ASB) tools and powers in England and Wales. The main focus of this thesis is to assess how the 2014 amendments to the ASB regime have been implemented and to explore whether this resulted in the indirect criminalisation of certain kinds of behaviour. Although, in theory, the rationale underpinning these measures (such as the Part 1 injunction) is the prevention of further ASB, the ambiguous drafting of the relevant legislation in conjunction with the significant degree of discretion granted to local enforcement agents appear to allow for the imposition of sanctions akin to criminal punishment. Central to this thesis is the assumption that despite the preventive nature of these measures, it is essential to look beyond the official classification of legal rules (ie, ASB rules as non-criminal) and investigate how these have been implemented in practice. To achieve this, a working definition of criminalisation is formulat...
Public Law, 2019
Legislation: Antisocial Behaviour, Crime and Policing Act 2014 (c.12) *P.L. 343 Since the mid-199... more Legislation: Antisocial Behaviour, Crime and Policing Act 2014 (c.12) *P.L. 343 Since the mid-1990s antisocial behaviour (ASB)-and responses thereto-have played a prominent role in both political discourse and the criminal justice system. Amidst significant focus on problems associated with ASB, there emerged a shift in governmental policies towards risk management and preventive-led interventions. 1 Not only was this shift aimed at providing a means of early intervention, it also had the objective of moving towards a more victim-oriented approach. 2 The criminal justice system had previously been accused of "safeguarding the rights of the accused" at the expense of paying sufficient attention to the harm suffered by victims and their needs, 3 hence the need for a more balanced approach. The cornerstone of the response to ASB was the antisocial behaviour order (ASBO), which was introduced under the Crime and Disorder Act 1998 (the 1998 Act). 4 The enactment of the Antisocial Behaviour, Crime and Policing Act 2014 (the 2014 Act) sought to revolutionise the law on ASB by providing a more effective and flexible legal framework to local communities. 5 To this end, a raft of new measures was introduced. Some of these new measures, such as the Part 1 injunction, repealed and replaced pre-existing instruments, such as the ASBO, whereas others, such as the community trigger, 6 are completely new. This article offers new insights into the ASB regime by focusing on key developments under the 2014 Act. The article is structured in three parts. It begins by providing a critical analysis of the pre-2014 legal framework on ASB and the main challenges posed by it. Secondly, it offers a critical evaluation of the 2014 *P.L. 344 amendments focusing specifically on: i) the extended definition of ASB; ii) the repeal and replacement of both the ASBO and the post-conviction ASBO (CrASBO) by the injunction and the criminal behaviour order (CBO) respectively; and iii) the introduction of positive obligations. Thirdly, the article presents findings of an empirical study conducted with local enforcement agents focusing on the impact that the abovementioned developments have had on the daily administration of ASB at a local level. 7 Although there is extensive empirical research on the pre-2014 ASB framework, 8 this article delivers the first empirical data (that the author is aware of) on the implementation of the 2014 amendments. The findings of this study militate against some of the concerns raised about the potential misuse of the ASB legislation, e.g. the possibility of extending the scope of the law to purely innocent behaviour. This is due to a number of factors, such as the limited availability of resources and the presence of a review procedure. The findings of this study, however, should be approached with caution since the implementation of the ASB measures can vary considerably across England and Wales. The possibility, therefore, of using these measures in an arbitrary manner cannot be dismissed. This article argues that the findings of this study could assist in the formulation of a new code of practice for local enforcement agents through which the misuse of the ASB legislation can be prevented whilst ensuring a more coherent implementation of the relevant tools and powers. The initial response to antisocial behaviour As a line of high profile cases, such as that of Fiona Pilkington suggests, 9 ASB can range from everyday incivilities, such as noisy neighbours, to behaviour already proscribed by the criminal law, such as criminal damage, and can have a devastating effect on people's quality of life. 10 Certain kinds of ASB, especially those situated at the lower end of the spectrum, can be dismissed as too trivial to Page1
This article reviews the Commission's 2015 recommendations on the non-fatal offences against the ... more This article reviews the Commission's 2015 recommendations on the non-fatal offences against the person. Its analysis focuses on three main pillars: (i) it examines whether the current law in this area is in need of modernisation; (ii) it asks whether the 'ladder' of non-fatal offences should be reformed in the manner recommended by the Commission; and (iii) it identifies and elaborates on issues which have not been adequately addressed by the Commission in this project, albeit they constitute integral parts of the offences against the person. This paper suggests that the Commission's recommendations provide a good starting point, but a more comprehensive review of this area is still required. It is submitted that the reluctance of the Commission to deal in more depth with some fundamental issues, such as the codification of the fault requirements, detracts from the overall strength of this project.