Anti Social Behaviour Orders

Anti Social Behaviour Orders (ASBOs)

Anti-Social Behaviour Orders or ASBOs are often what people will think of first when faced with an issue of anti-social behaviour. In fact an ASBO is the final stage of a comprehensive multi-agency process aimed at resolving anti-social behaviour.

What is an Anti-Social Behaviour Order (ASBO)?

This is a civil order made by the court against the offender. It can ban that person from behaving in a particular way, entering a specified geographical area, associating with particular people and imposing a curfew. The order can be made on anyone aged 10 or over, and is for a minimum of 2 years. Breach of the order is a criminal offence for which a range of sentences is available.

Who can apply for an ASBO?

Police
British Transport Police
Registered Social Landlord
Housing Action Trusts
Environment Agency
Transport for London

Types of Application

There are different ways that the above agencies can apply to the court for an ASBO:

If the individual is in court for criminal offences, then once convicted, the Crown Prosecution Service can apply for the ASBO on behalf of the Police. This is often called an “ASBO on Conviction” and can be made at the Magistrates Court, Youth Court or Crown Court. An Interim Order can be made in certain circumstances

If the individual is in the civil courts for housing tenancy proceedings, the Housing Provider can apply for the ASBO in conjunction with these principle proceedings

A Stand Alone ASBO is when the application is not linked to any other court matters. This would be applied for by Local Authority Legal Teams, Social Landlords, Police Legal Team

An Interim Order can be made prior to the full hearing for a Stand Alone ASBO, if circumstances dictate that there is a degree of urgency with the case

Legal Test

The legal definition of anti-social behaviour is

“Behaviour which causes or is likely to cause harassment, alarm or distress to someone else not of the same household”

Two elements must be satisfied:

1. That the individual has been anti-social. This must be proved to the criminal standard, which is beyond reasonable doubt.
2. That an ASBO is necessary to protect the public from further anti-social acts. This must be proved to the Civil Standard, on the balance of probabilities

Prohibitions

Behaviour Bans
Examples of behaviour bans include:
Not to use threatening or abusive language in public
Not to be found in possession of an open vessel of alcohol in a public place, except in an “on licensed” premesis

Geographic Bans
Examples of geographic bans include
Not to enter the [shop] in [location]
Not to enter the town centre as per the attached map unless travelling directly to or from the police station, doctor, dentist, hospital, solicitor.

Association Bans
Not to associate in any public place in [defined area] with [name]

Curfew
To be indoors between 2300hrs and 0600hrs each night for the first 6 months of the ASBO

Support

The court has a duty to consider supporting interventions in certain circumstances with Stand Alone ASBO applications.

If a young person is under 16, the court must consider making a parenting order.

If a young person is under 16, the court must consider making an individual Support Order.

In an individual is 18 or over and their anti-social behaviour is drug related, the court must consider making an Intervention Order.

Breach of ASBO

A breach of ASBO is a criminal offence for which the individual can be arrested, detained and prosecuted.

An adult can receive a maximum penalty of 5 years imprisonment or £5000 fine, or both.

A young person aged 12-17 can receive a maximum penalty of a 2 year Detention and Training Order.

A young person aged 10 or 11 can receive a maximum penalty of a Community Order.

Reprimands and Final Warnings are available.
Penalty Notices or Conditional Discharges are not available.