The proposals come despite half of yobs breaching Asbos and even more youngsters ignoring them.

They are another blow for Labour’s flagship anti-social behaviour weapon after the Home Secretary Jacqui Smith signalled its demise earlier this month. Use of Asbos has plummeted by a third in just a year.

Shadow Justice Secretary Nick Herbert 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. The public wants effective action to deal with youth crime and antisocial behaviour, but the ‘Respect’ agenda once vaunted by ministers has simply petered out.”

The proposed advice on how judges deal with breaches of Asbos was released by the Sentencing Guidelines Council chaired by the Lord Chief Justice Lord Phillips.

It suggests those who breach an Asbo but do not cause harassment or distress could be handed as little as a fine, although the starting point for a magistrate would be a community sentence. Even those causing serious distress face no more than two years. Offenders aged under 18 would never get more than 12 months detention – half the two-year maximum.

The proposals also say youngsters should normally face a community order and detention only “as a measure of last resort”. Lesser offenders would be fined.

And they would be able to argue for mitigation if the court was convinced they were “under the influence of an older more experienced offender”.

In a speech earlier this month Ms Smith signalled the death of the Asbo shifting focus instead to large rises in other antisocial behaviour tools, including acceptable behaviour contracts and parenting contracts.

She spoke as figures showed just 2,706 Asbos were handed out in 2006 – a drop of 34 per cent on the 4,123 in 2005 and a fifth of the 12,675 since 1999. At the same time, half of all yobs are now breaching them while more than six in 10 youngsters ignore them – both up on last year.

Guidelines Council member Anthony Edwards said: “Anti-social 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.”