Anti Social Behaviour Orders (ASBO) were introduced in 1999 as part of the Crime and Disorder Act (1998). These orders have come under criticism due to the age of the offenders being targeted.
What is an Anti Social Behaviour Order?
Anti Social Behaviour Orders are civil sanctions designed to stop certain types of behaviour. The main stipulation of an ASBO is that the offender has caused harm or is likely to cause harm or distress to others. These orders can be placed on children as young as 10 years old and are not criminal offences. Anti Social Behaviour Orders are given by the court and can come with certain restrictions for the offender. An Anti Social Behaviour Order will last for a minimum of two years.
Types of Anti Social Behaviour
The remit of what is actually classed as anti social is wide ranging but will usually include:
- Vandalism and the dropping of litter
- Dealing drugs and drug use
- Drinking alcohol in the street
- Verbal abuse including hoax telephone calls
- Offensive text messages and phone calls
- Rowdy behaviour; for example playing loud music constantly
Restrictions Included in Anti Social Behaviour Orders
Restrictions applied to the offender can be included in the ASBO. These are designed to ensure that the offender is not able to use the same type of anti social behaviour. These restrictions can include that the offender is restricted from entering a certain geographical location. The orders can also ban offenders from certain activities such as playing loud music during certain hours.
ASBOs Can Become Criminal Offences
Although ASBOs are not criminal sanctions they can become so. If the offender breaks the terms of the ASBO then they can be seen to be in breach of the order. Breaking the terms of the Anti Social Behaviour Order is classed as a criminal offence. Breaking the terms of an ASBO can mean the offender can receive up to a five years prison sentence. In effect this does mean that offenders are being sent to prison for acts that were not initially illegal.
ASBOS are the Final Warning
Between the introduction of the ASBO in 1999 and December 2007 there was a total 14,972 Anti Social Behaviour Orders placed on offenders. An Anti Social Behaviour Order is usually given as the final resort. Before an ASBO is placed other methods will usually be tried to bring about a solution depending on the offence. These solutions can include mediation, warning letters and Acceptable Behaviour Contracts (ABC). An ABC is a written agreement between offenders and local authorities that the anti social behaviour will not be repeated.
Controversy Over Anti Social Behaviour Orders
The civil liberties group Liberty is concerned over the way Anti Social Behaviour Orders are being used. Children as young as 10 years old are being served with ASBOs. Liberty claim that these children are vulnerable and should be given help and support, not ASBOs. Naming and shaming anti social behaviour offenders by the courts will also have a detrimental effect on rehabilitating offenders. The fact that offenders can go to prison for a non illegal offence if the terms of the ASBO are broken is cause for concern.
Anti Social Behaviour Case That Wasn’t
A recent case of anti social behaviour was reported where a woman was threatened with eviction from her home. The grounds for the ASBO were nuisance due to loud noises. The anti social behaviour actually turned out to be a man who using violence against his partner including beating her on numerous occasions. This is a case of a criminal offence being treated as anti social behaviour simply because those who reported the matter did not know the true facts.
Appealing Against an Anti Social Behaviour Order
One of the biggest threats to civil rights concerning ASBOs is that innocent and vulnerable people are being rounded up with the guilty. Appeals to the court can be made by those accused against the ASBOs. Although the courts basically have the right to decide what is and isn’t anti social behaviour it does not mean that the order will be granted. Appeal reasons can include that the offender’s circumstances have changed since the offence took place. It may also be that the rate of the offence has dropped significantly since the offence was initially reported.
Anti Social Behaviour Orders are designed to protect the public from harassment and distress. Two years is the minimum that ASBOs can last for but they can be applied for life. Offenders should be aware that they can appeal against these orders if they think they are unjust.
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