Punishments for antisocial behaviour should be far lower than those set down by government, sentencing advisers said yesterday.

The Sentencing Guidelines Council recommended that the maximum penalty for breaching an antisocial behaviour order should usually be two years. The maximum jail term allowed under the law is five years.

The council outlined a sliding scale of punishments for breaches of ASBOs, based on the level of harm caused by the offender. It proposes that a breach involving violence or intimidation should carry up to two years in prison, with a starting point for magistrates of 26 weeks, while a lesser degree of “harassment, alarm or distress” should earn anything from a community order to 26 weeks’ custody. If no harassment is involved, the punishment should range from a fine to a medium-level community order. Young offenders who break the terms of their ASBO should receive a maximum sentence of 12 months.

Anthony Edwards, a council member, said: “Antisocial behaviour orders are imposed to deal with a wide range of activity, and breaches are consequently varied and diverse. The council’s proposals are designed to provide helpful advice and achieve a consistent approach to sentencing breaches.”

Nick Herbert, Shadow Justice Secretary, said: “The Government’s flagship ASBO policy is in disarray, with the number issued collapsing and now sentencing guidelines effectively ignoring the terms set by Parliament.”

Antisocial behaviour orders are in decline, with the annual number issued falling by a third in 2006.

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