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ANTI-SOCIAL BEHAVIOUR ORDERS (ASBO’S)

Aims of an ASBO

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:

  • Committing any anti-social or criminal acts
  • Associating with certain friends/ acquaintances
  • Entering defined areas in the community
  • Entering certain buildings, shopping areas etc
  • Leaving home after a certain time in the evening – curfew

Breach of an ASBO

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.

Definition

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.