Anti-Social Behaviour Orders
What Is An Anti-Social Behaviour Order?
The Crime & Disorder Act 1998 introduced the Anti-Social Behaviour Order (ASBO), giving the police and local authorities another tool to use when tackling anti-social behaviour in their communities. An ASBO is similar to an injunction in that it prohibits certain types of behaviour, encourages change and is designed to protect the community from individuals or groups who are causing a problem.
What Behaviour Warrants An ASBO?
The legal definitions are: “the person has acted in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household.” However, acts of anti-social behaviour must be persistent as such that a judge would be likely to award the ASBO on the evidence presented. Such behaviour could include verbal abuse, threats, harassment, racial abuse, assault, vandalism, drunken behaviour, vehicle crime, etc.
Who Can Apply For An ASBO?
The local authority and the police jointly apply, Registered Social Landlords, county councils and British Transport Police can also apply to the courts for an ASBO. Social housing providers can also apply to the county court for an ASBO during possession proceedings, and to protect their housing management function. In Poole the ASBO applicants tend to be the council in conjunction with the police and can be awarded against any person aged from 10 years old.
How Is An ASBO Applied For?
ASBO’s are a civil, community order and are awarded by the Magistrates Court sitting in their civil capacity. In Poole, before we apply for an ASBO, a multi-agency conference attempts to intervene with the person to change their behaviour, these could be arrests, an Acceptable Behaviour Contract, final warnings, court orders, etc. If these interventions are unsuccessful and the offending behaviour continues, an ASBO may be the last resort to protect the community. Applicants must demonstrate that they have consulted with their partners prior to application. All the local authorities in Dorset have signed up to a joint protocol with Dorset Police which sets out the steps we must take before and during an ASBO application. The police, through the Crown Prosecution Service, can also request the award of an ASBO upon conviction of a criminal offence, or the court under its own initiative may also award an ASBO.
How Long Will An Application Take?
It is hard to give a definitive answer to this as each case is different. Generally, the course of the application involves a preliminary hearing for the judge to determine if the applicant has a case, followed by the full hearing when evidence is given, witnesses heard and the magistrates or judge make their decision. In an urgent case applicants can request an Interim ASBO that is awarded quickly and remains in force until the main hearing. In cases of violence or threats to witnesses an Ex Parte hearing takes place without the defendant being present, this would normally be an Interim Order.
What Evidence Is Required?
To be successful an ASBO application must satisfy the court to a standard of criminal proof. However, hearsay evidence is also admissible and presented by statement or by a professional witness such as a police officer, housing officer, etc. Applications are usually more successful and effective when witnesses are willing to attend court and give their own evidence.
What Terms Are In An ASBO?
ASBO’s contain terms that prohibit the person from doing something; they cannot include positive terms. Typical terms prohibit the person from associating with friends with whom they get in trouble, they can be excluded from certain areas of the borough or certain properties such as shops, banned from drinking alcohol in the street and from causing harassment, alarm and distress. ASBO’s last for a minimum of two years, but could be for longer. The court will decide based on the seriousness of the problem. An ASBO can have a serious effect on a person’s life, therefore we do not enter into the application lightly and do attempt other measures to effect changes in behaviour.
Who Pays For An ASBO Application?
The applicants pay the court fees and any fees for solicitors. It is recommended that the defendant obtains independent legal advice and depending on circumstances may be eligible for legal aid. If awarded the applicant may request costs against the defendant and the court will rule on this request.
What Support Is Available To People With An ASBO?
For young people the court must award an Individual Support Order (ISO) for each ASBO granted, the multi-agency conference determines the content and lead agency. The ISO provides the positive support young people need to ensure they understand their ASBO, address their behaviour and do not breach the order. The court can also award a Parenting Order that instructs the young person’s parents or guardians to attend formal parenting courses. The courses help parents support their children and provide strategies to help them cope with their child’s behaviour. For adults, no formal support is available via the court. However, if the person is vulnerable social services, health or mental health team may already be supporting them.
Are ASBOs Publicised?
Publicity for an ASBO may be appropriate, but must be proportionate and timely. Initially, Poole’s multi-agency case conference will decide if publicity is to be given to the ASBO and in what form. Unless there are extenuating circumstances an ASBO on an adult will always be publicised in the media. The court has a duty under the Children & Young Persons Act 1933 to protect vulnerable young people from press exposure and will balance this with the need for the community to be informed. Latest legislation states that publicity for an ASBO is automatically granted unless the judge rules otherwise. The police and Borough of Poole may also distribute leaflets to inform the local community of the ASBO award.
Who Enforces The ASBO And What Happens If The ASBO Is Breached?
The police are responsible for enforcing the ASBO, but generally need the support of the local community to identify breaches and to keep them informed of further problems. The ASBO is a civil order, but breaches are treated as a criminal matter. A person caught breaching the ASBO will be arrested and brought before the courts. If found guilty the court can award a fine, imprisonment for a maximum of five years or both for an adult. The maximum penalty for juveniles, aged 10 - 11 year olds is a Community Order; for 12 - 17 year olds it is a 24 month Detention & Training Order.
Can The ASBO Be Changed After It Has Been Awarded?
Yes. The defendant has the right of appeal to crown court to challenge the order. The defendant may also apply to a magistrates court that issued the order to have it varied or discharged. An order cannot be discharged within two years unless all parties agree, or not at all within this period if granted on the back of a criminal conviction. Unless agreed prior to the hearing, the police and Borough of Poole will contest any appeal or variation request.
If you require another of our facts sheets, one in another language or with larger print or to the Accessible Information Standard, please contact the Community Safety Team on 01202 633516.
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