What is an Anti-Social Behaviour Order or ASBO?
Many of us are now familiar with the term Anti-Social Behaviour Order - or to give it its street name an ASBO - but what is it designed to do and under what circumstances is an ASBO issued?
What is an Anti-Social Behaviour Order?
An Anti-Social Behaviour Order (ASBO) is a binding agreement between a person or persons who have committed acts of anti-social behaviour and the police. The principle behind these orders is that they act as a legal and binding contract signed by all parties concerned in the hope that they will reduce the chances of the individual in receipt of the ASBO from causing any further acts of anti-social behaviour.
What is Anti-Social Behaviour
Anti-social behaviour can be any act that causes a nuisance or disturbance to those living in and around a surrounding area. Such acts of anti-social behaviour can take on many different forms and the list that follows is a comprehensive - but not exhaustive list - of the events which can be considered anti-social activities.- Graffiti
- Vandalism
- Destruction of private or public property
- Using intimidating verbal language
- Using intimidating body language in a threatening manner
- Causing excessive noise
- The consumption of alcohol of drugs in a public area
- Selling or dealing drugs in a public area
As we have already pointed out the aforementioned list is not exhaustive and many different aspects of behaviour can be considered to be breaching the codes of law set down in relation to Anti-Social Behaviour.
Issuing an Anti-Social Behaviour Order
Originally implemented as part of section 1 of the Crime and Disorder Act 1999 ASBOs are designed to reduce the likelihood of an individual issued with one offending or causing the same degree of anti-social behaviour again. The issuing of such an order can also come with a curfew which states that the individual - or individuals depending on the circumstances - must not be in or around a particular area after a designated time in the evening.Also the ASBO may determine that the individual issued with it must not have contact with a designated number of individuals - all of whom can be issued with ASBOs themselves if there is a degree of certainty that they will cause further anti-social behaviour if coming together as a group.
An ASBO will be issued if the individual in question is charged and taken before a magistrate. At this time a magistrate - who may also hand down a sentence of community service or a fine - will instigate proceedings to have an ASBO put in place. This agreement must be met on all counts by the individual and failure to do so can constitute a break in the agreement which in itself is considered to be a criminal offence.
Such a break in the conditions as laid down by a magistrate can result in the individual being returned to court where a harsher punishment may be imposed. In some instances the punishment may include a custodial sentence to be served in a Young Offenders institution if the individual is not old enough to qualify for time to be spent in the adult prison system.
Much has been made of the fact that ASBOs can be handed out to adults but it is worth noting that the number of ASBOs handed down to adults is much less than the number handed down to individuals between the ages of 10 and 17.
It is also worth taking into account that certain geographical concerns must be taken into consideration when looking at the statistics for the issuing of ASBOs in the United Kingdom. The most important factors here are inner city areas where recreational facilities for youths are much less in evidence.
If you are interested in learning more about Anti-Social Behaviour Orders then you can find out from your local Youth Offending Team or community police officer who will be contactable through your nearest police station.