ASBO held up as ineffective punishment

A BOSTON man who breached an anti-social behaviour order has been held up as ‘a prime example’ of the ineffectiveness of the punishment.

James Waxman, of Kitwood Road, was arrested for breaking the conditions of his two-year order when he was caught begging for money outside a shopping centre in Skegness last Tuesday.

The 32-year-old was hauled in front of Boston Magistrates’ Court in custody for the breach and given one day’s detention – which he had already served – as punishment.

Liz Harte, defending, told the court that Waxman accepted that he had breached the order, but that this case presented the issue with anti-social behaviour orders,

The solicitor added: “He had not been making, in any way, shape or form, a nuisance of himself. He was not behaving in an anti-social way, but he did breach this order.

“This is a prime example of conduct which is completely legal – sitting in a car park – being made into a criminal activity by the existence of the anti-social behaviour order. It becomes really rather self-defeating.

“It is disproportionate that draconian action is taken against somebody who is sitting in a car park.”

She added that he had been confused about when the ASBO would be ending, as a previously imposed supervision order had come to an end.

Waxman has breached the ASBO, which was imposed in November 2010, on several occasions. On the last occasion he was given a suspended sentence, which he also breached with this offence.

He admitted breaching both ordered when he appeared in front of the court on Wednesday.

Magistrates sentenced him to a day’s detention in custody and imposed a residency order for seven days as punishment for breaching his suspended sentence.