Anti-social behaviour includes a range of problems noisy neighbours, abandoned cars, vandalism, graffiti, litter and youth nuisance. It can hold back the regeneration of our most disadvantaged areas, creating the environment in which crime can take hold.
What is anti-social behaviour?
Under the terms of the Crime and Disorder Act 1998, anti-social behaviour is defined as "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 perpetator.
Examples of anti-social behaviour are:
What are Anti-Social Behaviour Orders (ASBOs)
Anti-social behaviour orders (ASBOs) are civil orders made by a court which prohibit the perpetrator from specific anti-social acts and from entering defined areas on a map (exclusion zones). An order lasts for a minimum of two years. The purpose of an ASBO is to protect the public from behaviour that causes, or is likely to cause, harassment or alarm or distress, not to punish the perpetrator.
ASBOs are community-based orders that involve local people in collecting evidence and helping to enforce breaches of the prohibitions in the order. They are designed to encourage local communities to become actively involved in reporting crime and anti-social behaviour, thus building and protecting the community.
There are four types of anti-social behaviour orders:
- A stand-alone order, unrelated to other legal proceedings. These are made by the magistrates' court, acting in its civil capacity.
- An interim order, which can be made by the magistrates' court and by the county court at an initial court hearing in advance of a full hearing of an application for an ASBO. These interim orders can be made without notice to the defendant. They enable the court to order an immediate stop to the anti-social behaviour and so protect the public more quickly.
- A county court order can be obtained where there are other proceedings against a defendant, e.g. possession of tenancy.
- An order made on conviction in criminal proceedings. Criminal courts, namely the magistrates' court, the crown court and the youth court, can make an order against an individual who has been convicted of a criminal offence.
Publicising ASBOs
The purpose of anti-social behaviour orders is to protect local people from the harassment, alarm or distress that is caused, or likely to be caused, by anti-social behaviour.
The orders are an innovative and effective method of prohibiting anti-social behaviour, offering protection, and reassuring victims, witnesses and communities that disorder will be addressed. In many cases they have rescued whole communities from the menace of one person.
Unless the nuisance is extremely localised, effective enforcement of the order will normally depend on the general public being aware of the conditions of the order and of the identity of the person against who it is made. Publicity reassures the community that action is being taken, provides them with the information to report a breach and can act as a deterrent to other whose nuisance behaviour impinges on the quality of life of others.
Publicity usually takes the form of local press coverage or targeted leafleting. Disclosure of information must be necessary and proportionate to the aim it seeks to achieve. The purpose is to help enforce the order (and thereby the prevention of disorder or crime) not to punish or embarrass the individual.
The main purposes and benefits of publicity are:
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Enforcement of the order. By informing local people of the prohibitions imposed by the order, they are able to identify and report breaches to the police, or to local authorities, social landlords or other bodies who can pass the information to the police for investigation.
- Public reassurance about safety. Publicity is often central to witness support strategies.
- Public confidence in local services. Local people are made aware that local agencies will take action to protect them from anti-social behaviour, that they should not tolerate anti-social behaviour, and that local agencies will respond to reports of anti-social behaviour.
- Deterrent to the perpetrator. By increasing the risk of any breach of the term of the ASBO being reported, as a result of individuals within the community being aware of the ASBO and able to participate in enforcing it, the perpetrator is less likely to breach the ASBO.
- Deterrent to other perpetrators. Publicity sends out a message that action will be taken against those who deliberately destroy the quality of life of others, and therefore can act as a deterrent to others who choose to act in an anti-social manner.
Further Information
