Anti-Social Behaviour Orders (ASBOs) are statutory measures that aim to protect the public from behaviour that causes or is likely to cause harassment, alarm or distress. They are community-based orders that involve local people in the collection of evidence and in helping to monitor breaches.
What are the conditions of an ASBO?
An Order contains conditions prohibiting the offender from specific anti social acts or entering defined areas, and is effective for a minimum of two years. For example, an ASBO may prohibit an offender from associating with other named individuals or from going near a house where they have caused problems.
Who can apply for an ASBO?
ASBO’s are civil orders made in court. They can be applied for by local authorities, Police forces (including the British Transport Police) and by registered social landlords, but not by members of the public.
The criteria that needs to be met for an ASBO
ASBOs may be applied for where the following grounds are met:
The defendant is aged 10 years or over.
The defendant has acted 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 the defendant.
The ASBO was necessary to protect persons in the local government area from further anti social acts.
The relevant authority can prove to the court that the defendant has committed acts of anti social behaviour within the last six months as part of a pattern.
The civil status of ASBOs means hearsay and professional witness evidence can be heard in ASBO applications. This is an extremely important feature of ASBOs because those subjected to the anti social behaviour or those reporting the behaviour can be protected.
Breach of an ASBO
Breach of an Order is a criminal offence, which is arrest able and recordable.
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