What is an ASBO?
If someone over ten years old is shown to have engaged in anti-social behaviour, the courts can issue an Anti-Social Behaviour Order (ASBO) against them, which tells them how they must not behave.
ASBOs were introduced by the British Government under the Crime and Disorder Act 1998 (CDA) as a means of clamping down on community based problems often associated with youths that would not ordinarily warrant criminal prosecution.
Anti-social behaviour can include: noise pollution, drunken behaviour on the street, aggressive begging, dealing or consuming controlled recreational drugs, vandalism and graffiti, abandoning cars and threatening or ‘yobbish’ behaviour.
In what circumstances can an ASBO be issued?
Under the CDA, if a person is convicted of a relevant offence (i.e. an offence committed after 2 December 2002), the court can make an ASBO if it considers that:
- the offender has acted at any time (since 1 April 1999) in a manner that caused, or was likely to cause “harassment, alarm or distress to one or more persons not of the same household as himself”; and
- an order is necessary to protect persons in any place in England or Wales from further anti-social acts by him.
Although the proceedings in which ASBOs are issued are civil, the courts must apply a standard of proof that is usually applicable to criminal proceedings; i.e. there must be sufficient evidence to prove ‘beyond reasonable doubt’ that the defendant has exhibited anti-social behaviour since 1 April 1999. If the defendant can show, on the balance of probabilities, that a particular act was reasonable in the circumstances, the court must disregard this when considering whether to issue an ASBO. An application for ASBO to be made on conviction should be made to the sentencing court.
Typical ASBOs
An ASBO is not able to force the offender to do anything; it can only place restrictions on their activities and prohibit them from doing things as specified in the ASBO for a period not less than two years. An ASBO must be tailored to the particular offender and each prohibition must be necessary and relevant to their particular kind of anti-social behaviour. The order should be drafted precisely, so it is clear to the offender what he cannot do. For example, an ASBO may prevent a person from returning to a particular shop or area, or restrict them from swearing or drinking on the street and in public.
Breaching an ASBO
Under the CDA, it is an offence to breach the terms of an ASBO, ‘without reasonable excuse’. If a person is found guilty of this offence, they are liable to:
- on summary conviction, imprisonment for a term not exceeding six months and/or a fine; or
- on conviction on indictment, up to five years’ imprisonment and/or a fine.
This means that if you are issued with an ASBO, you will not have a criminal record; however, if you break an ASBO, you could. Therefore, it is important to take ASBOs seriously, as they are a way of dealing with people who are engaging in anti-social behaviour at an early stage in the hope that criminal prosecution can be avoided.
- Source:
- FindLaw
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