The changing law Essay Example | Topics and Well Written Essays - 1000 words

The changing law - Essay ExampleThis is illustrated in the manner that an impetus for change is met with either acceptance or reservation by the public to be directly affected, and the legal system who will implement such change. In this regard, this essay aims to discuss the manner that legal change fruit in the British legal system to illustrate how legal changes are dynamically linked with the society at hand through the Anti-Social Behaviour be 2003.Anti-social behaviour is defined as a behaviour that is capable of causing a nuisance or annoyance to another person, and directly or indirectly relates to or affects the admit management functions of a relevant landlord or that consists of or involves using or threatening to use housing accommodation possess or managed by a relevant landlord for an unlawful purpose (Anti-social Behaviour consummation 2003 s.153A s.153B). As a public offence, it has been dealt with by Common Law as public nuisance, considered as both a crime and a tort. Thus, given its potential to harm individuals and communities, and disrupt peace and order, it is of no surprise that the British government activity pays due attention to this problem by passing the Anti-social Behaviour Act 2003.Prior to 1996 and the Anti-social Behaviour Act 2003, anti-social behaviour is address... This was followed by the Noise Act (1996) and bulwark from Harassment Act (1997) to address non-tenure behaviour and Crime and Disorder Act (1998), which created the Anti-Social Behaviour Order as well as the Police Reform Act (2002) to increase local governance enforcement powers. Despite such comprehensive legislations and precedents, however, there are numerous problems that surround both the implementation of the law, on the part of authorities and bar of the problem, within the society. This is illustrated in a study conducted by the British Crime survey, where it was reported that except for nuisance and litter, the percentage of individuals perceivi ng anti-social behaviour as a heartbreaking disorder has been rising (cited in Hunter 2003). Furthermore, as evidenced by Nixon and Hunters study (cited in Hunter 2003), the number of reported complaints for every 1,000 tenancies by housing landlords, has also risen from 1998 to 2003. In addition, there has also been a growing concern among intellectuals that the laws governing anti-social behaviour have the potential to conflict with human rights (Wright, H & Sagar, T 2000, Out of Sight, Out of Mind, NLJ, no. 150, p. 1792 Collins, D 2001, Anti-social Behaviour Orders - a new false dawn, NLJ, 15 June 2001). In contrast to the human rights argument, however, law enforcement officers and local authorities complain that there is not enough bite with the existing laws, such that they are prevented from persecuting offences by juveniles (Wookey v Wookey 1991 Fam 121), and persecuting offenders that persistently commit anti-social behaviour in the kernel of their offence (Criminal Justi ce and Public Order Act 1994 s.5). All the aforementioned problems created a tremendous amount of pressure