Anti-Social Behaviour Orders
Anti-Social Behaviour Orders were introduced by the Crime and Disorder Act 1998. An ASBO is a civil order made by a Court to prohibit an individual from acting in an anti-social manner.
An ASBO is not a criminal penalty and is not intended to punish the individual. Instead, it prohibits that person from continuing to behave in a specified anti-social manner in order to protect the public. For example, it may forbid an individual from entering certain areas or behaving in a particular way. An Order lasts for a minimum of two years.
Under the terms of the 1998 Act, when applying to Court, the Council must demonstrate that an individual has behaved in an anti-social manner and that an ASBO is necessary to prevent further acts of anti-social behaviour.
There are different types of Anti-Social Behaviour Order, as detailed below.
An ASBO in a Magistrates Court
A stand-alone Order
An ASBO (stand alone) is a contract made between the Magistrates Court and an individual who has (or is likely to have) behaved in a manner that causes (or is likely to cause) harassment, alarm or distress to one or more persons not in the same household as the individual. This type of Order is applied for on its own and not linked to other legal action, such as criminal prosecution or action to repossess someone's home.
An interim Order
An interim ASB Order is designed to offer the public immediate protection against a specified type of anti-social behaviour in the period between an initial application being made to the Court and the case being heard. The application to the Court can be made without prior notice to the perpetrator.
An Order on conviction
This is a Police led civil order that prevents an individual from behaving in a specified manner, after that person has been convicted of a relevant offence. It is made in addition to the criminal sentence and is considered separately from the criminal part of the proceedings. For example, if an individual has been found to be causing a disturbance and shoplifting from a particular parade of shops, the Court may issue a criminal sentence of theft, but also grant an ASBO that prohibits the individual from entering the area where the shops are.
An ASBO in a County Court
The Council will consider applying to the County Court for an ASBO in cases where it is seeking to repossess an individual's home on the grounds of anti-social behaviour. The Order will prohibit the individual from continuing to act in an anti-social way so that the public are protected during and after the possession proceedings.
What happens if an ASBO is breached?
Breach of an Anti-Social Behaviour Order is a criminal offence and criminal procedures and penalties apply. If an ASBO is breached it is usually dealt with the Crown Prosecution Service. Proceedings for breach of an ASBO will be heard in the Magistrates Court.
Penalties for beach of an ASBO include a fine of up to £5,000, imprisonment of up to five years, or both.