The aim of an ASBO is to protect the public from anti-social behaviour. They are designed to encourage local communities to become actively involved in reporting crime and anti-social behaviour, helping to build and protect the community.
The conditions of an ASBO are specific to the perpetrator, and could ban the individual from any of the following:
Breach of an ASBO is a criminal offence. The maximum penalty is 5 years imprisonment for an adult or a 2 year Detention and a Training Order for juveniles, 12 months of which is custodial.
Anti-social behaviour is classed as:
“Behaviour that causes or is likely to cause harassment, alarm or distress to one or more people not in the same household as the perpetrator.”
An ASBO is a civil order, which exists to protect the public from anti-social behaviour. They were introduced by the Crime and Disorder Act 1998. ASBO’s are community-based orders and involve local people in the collection of evidence, and in helping to enforce breaches of the prohibitions contained in the order. An ASBO is not a criminal penalty and will not appear on an individual’s criminal record.
An Anti-Social Behaviour order can be applied for by Local Authorities, Police Forces, British Transport Police, and Registered Social Landlords (RSLs) and Housing Association Trusts (HATs). A member of the public cannot apply for an ASBO.
ASBOs can be made against anyone over the age of 10 years old, and are effective for a minimum of 2 years.