Judges told: Don't lock up yobs who flout Asbos

Proposals published today by the Government's Sentencing Advisory Panel state that custody should only be used when it is "unavoidable" - even if orders are breached repeatedly.

It says that young offenders should first be considered for community sentence or a fine, partly because of legislation stating that the courts must pay regard to juveniles' welfare when passing sentence.

In further advice, it also says that, in the few cases where detention is necessary, it should usually be from four months to no more than 12 months - only half the maximum allowed under the law. The recommendations-will raise new questions about the effectiveness of Asbos, the Government's flagship scheme for tackling anti-social behaviour.

Ministers insist that Asbos, which can be used to ban troublemakers from particular areas or engaging in specific activities, are an effective way of protecting the public in spite of figures showing that more than half of the orders are breached.

It is a criminal offence to breach an Asbo, carrying a maximum five years in jail for adults and two years for juveniles.

The Sentencing Advisory Panel, however, tells the courts that young offenders, aged 18, should generally be let off. Custody should only be considered where the breach of the Asbo has caused "serious harassment, distress or alarm" - a stricter definition than is applied to adults - or if there has been a succession of lesser breaches.

Even then, it says, imprisonment should not be automatic. "The younger the offender, the more likely that perseverance with community orders will be more effective than detention in preventing reoffending," the panel adds.

Shadow home secretary David Davis today said: "The public will be dismayed that breaches of Asbos - the Government's flagship measure to tackle anti-social behaviour - could be treated so lightly, particularly over a 50 per cent drop in the maximum custodial sentence."

Metropolitan Police Assistant Commissioner Tarique Ghaffur today praised those who lost their lives standing up to yobs.

He said: "These people are very brave and have given their lives for the safety of their neighbourhoods and their communities."

Today's controversy comes in the wake of rows about alcohol-fuelled violence and yob culture sparked by the mob killing of Cheshire father Garry Newlove. Four teenagers have now been charged with his murder.

Cheshire chief constable Peter Fahy later fuelled a national debate by calling for a ban on drinking in the street and an increase in the legal drinking age to 21.