Governing through Anti-Social Behaviour: Regulatory Challenges to Criminal Justice

The ‘anti-social behaviour’ agenda in Britain and the introduction of diverse new powers and regulatory tools represent a major challenge to traditional conceptions of criminal justice. This article argues that the language of regulation has been appropriated and deployed to cloak and legitimise ambitious (yet ambiguous) bouts of hyper-active state interventionism. These may have more to do with quests to demonstrate government’s capacity to be seen to be doing something tangible about public anxieties than with meaningful behavioural change. Rather, regulatory ideas are being used to circumvent and erode established criminal justice principles, notably those of due process, proportionality and special protections traditionally afforded to young people. Consequently, novel technologies of control have resulted in more intensive and earlier interventions.