According to the Guardian, it's soon to be codified in law that magistrates can invent new laws.
Quote:
The bill would permit injunctions against anyone of 10 or older who "has engaged or threatens to engage in conduct capable of causing nuisance or annoyance to any person". It would replace asbos with ipnas (injunctions to prevent nuisance and annoyance), which would not only forbid certain forms of behaviour, but also force the recipient to discharge positive obligations. In other words, they can impose a kind of community service order on people who have committed no crime, which could, the law proposes, remain in force for the rest of their lives.
The bill also introduces public space protection orders, which can prevent either everybody or particular kinds of people from doing certain things in certain places. It creates new dispersal powers, which can be used by the police to exclude people from an area (there is no size limit), whether or not they have done anything wrong.
While, as a result of a successful legal challenge, asbos can be granted only if a court is satisfied beyond reasonable doubt that antisocial behaviour took place, ipnas can be granted on the balance of probabilities. Breaching them will not be classed as a criminal offence, but can still carry a custodial sentence: without committing a crime, you can be imprisoned for up to two years. Children, who cannot currently be detained for contempt of court, will be subject to an inspiring new range of punishments for breaking an ipna, including three months in a young offenders' centre.
If the issue can't be resolved through political means - if the bill passes and is not repealed - then I suppose we shall have to take action which sidesteps it. Say, the development of technically privatised public space, collectively owned by a multitude of shareholders throughout the community but open to anyone.