ABCs - Acceptable Behaviour Contract
We all know and have heard of the Anti-Social Behaviour Order – or the ASBO – but the ASBO has a counterpart that can be called upon by the police and Youth Offending Teams if needs be.
This counterpart is known as an ABC – an Acceptable Behaviour Contract – and it’s purpose is to provide a similar set of conditions as those that might be laid down in an ASBO without it having to be issued by a magistrate.
What is an ASBO?
An ASBO is referred to legally as a Anti-Social Behaviour order and is issued by a magistrate by way of substitute for a custodial sentence if the individual is not of sentencing age. The individual – male or female – can directed by the magistrate to remain under curfew after a set time at night or to stay away from certain areas especially if they are prone to being a nuisance in those areas.It is worth noting at this point that an ASBO is an order of the court – issued after discussions with the police, the Probation Service and the Youth Offending Team.
What is an Acceptable Behaviour Contract?
Acceptable Behaviour Contracts differ from ASBOs in that they are not required to be issued by a magistrate. The purpose of the Acceptable Behaviour Contract is to come to a mutual and informal understanding between all parties concerned including the individual who has been seen to be a nuisance, the police and the Youth Offending Team.Acceptable Behaviour Contracts (ABCs) are drawn up and signed by the individual – or individuals – involved and also by their parents and the police. It is sometimes witnessed by the Youth Offending Team.
When Acceptable Behaviour Contracts are signed the details might be similar to those contained within an ASBO. The police may direct the individual in question that they avoid particular areas, be indoors by a set time and seek counselling with perhaps a member of the Youth Offending Team or Social Services depending on the circumstances.
In addition to this, where an ASBO is issued to the individual who has been causing trouble, the Acceptable Behaviour Contract also includes the parent – or parents – of those involved.
The parents of those involved in activity which is deemed to be anti-social may find themselves held responsible for some of their children’s activities, especially if they have entered into an Acceptable Behaviour Contract.
Although the ABC has not been administered via a magistrate it is still a legal and binding document and any breach of it can result in the police pursuing criminal charges against those involved and also their parents for disregarding their part of the agreement.
Other arrangements that may be included in the drafting of an Acceptable Behaviour Contract may include regular drug tests, truancy checks and curfew checks.
It is important to note that the police take all instances of anti-social behaviour seriously as the offence – or category in which the offences are contained – are on the increase and as such they have a responsibility to the community to ensure that where possible instances of anti-social behaviour are kept to a minimum.
You should also be aware that in extreme instances of anti-social behaviour: in particular where there has been a long period of disorder – then the police can apply to the local council to have the occupants of a house evicted if their actions are deemed to be having a profound impact on their neighbours and the surrounding area.
For further information you should contact your local community police officer or Youth Offending team.