Anti Social Behaviour Orders, ASBOs: Your Rights

What Were Anti Social Behaviour Orders?

Anti Social Behaviour Orders, commonly known as ASBOs, were civil orders introduced under the Crime and Disorder Act 1998 and came into effect in 1999. They were intended to tackle persistent behaviour that caused distress, harm or harassment to others in the community.

ASBOs were replaced by new measures under the Anti Social Behaviour, Crime and Policing Act 2014, though the provisions rolled out at different times across regions. Those currently dealing with anti social behaviour should be aware that different tools now apply, including Civil Injunctions and Criminal Behaviour Orders. Although ASBOs have been superseded, knowledge of their operation can provide insights into the evolution of anti social behaviour measures in England and Wales.

The orders were civil rather than criminal in nature. This meant that receiving an ASBO did not result in a criminal record on its own. However, breaching the conditions of an ASBO was a criminal offence and could lead to serious penalties, including imprisonment.

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Who Could Receive an ASBO and Why?

ASBOs could be issued to anyone aged 10 or over. The use of these orders against young people attracted significant criticism from children's rights organisations and some legal professionals. Critics argued that labelling children with court orders could cause lasting harm and that the system sometimes failed to address the root causes of behaviour.

To obtain an ASBO, an application had to be made to a magistrates' court or county court. Applications were typically brought by local councils, the police, registered social landlords or housing action trusts. The applicant needed to show that the person had acted in a manner that caused or was likely to cause harassment, alarm or distress to others not living in the same household.

The behaviour in question had to have occurred on more than one occasion. A single incident would not usually be enough to justify an order. The court also had to be satisfied that the order was necessary to protect people in the local area from further anti social acts.

Types of behaviour that could lead to an ASBO included:

• Vandalism and graffiti
• Persistent noise nuisance, such as playing loud music at unreasonable hours
• Verbal abuse, threats or intimidation
• Harassment through phone calls, text messages or online communication
• Street drinking and associated rowdy behaviour
• Drug dealing or drug use in public spaces
• Dropping litter persistently or fly tipping
• Behaviour causing distress to neighbours or local residents

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Conditions and Restrictions Under an ASBO

When a court granted an ASBO, it would include specific conditions tailored to the individual case. These restrictions were intended to prevent the person from repeating the behaviour that led to the order.

Common restrictions included being banned from entering certain areas, such as a particular street, estate or town centre. A person might also be prohibited from associating with named individuals, especially if the anti social behaviour had been carried out as part of a group.

Other conditions could include curfews requiring the person to stay indoors during specified hours, bans on using threatening or abusive language in public, and restrictions on consuming alcohol in public places. The conditions had to be proportionate and clearly worded so the person understood exactly what they were and were not allowed to do.

An ASBO typically lasted for a minimum of two years, though courts had flexibility based on circumstances, and some orders for minors had shorter durations. There was no maximum duration, and some orders were made indefinitely. The person subject to the order could apply to have it varied or discharged after the minimum period had passed, though success depended on their behaviour and circumstances.

Breaching an ASBO and Your Rights

Breaching any condition of an ASBO without reasonable excuse was a criminal offence. For adults, this carried a maximum penalty of five years in prison. For young people under 18, the maximum was a two year detention and training order.

Courts treated breaches seriously, and custodial sentences were not uncommon, particularly for repeated violations. This aspect of the ASBO system drew criticism because it meant civil proceedings could ultimately lead to criminal consequences and imprisonment.

If you were subject to an ASBO, you had the right to legal representation and could challenge the order or its conditions through the courts. Legal aid was available in some cases, depending on your financial circumstances, the nature of the proceedings and the eligibility criteria in force at the time.

Since ASBOs have been replaced, anyone currently facing action for anti social behaviour will be dealt with under the 2014 legislation. Civil Injunctions are purely civil orders and can be obtained without a criminal conviction. Criminal Behaviour Orders, by contrast, can only be issued following a criminal conviction and carry criminal penalties for breach. This represents a clearer separation between civil and criminal measures than existed under the ASBO regime.

For updated information on anti social behaviour powers and your rights, it is advisable to consult the GOV.UK website or seek advice from a legal specialist. Citizens Advice can also provide guidance on housing related anti social behaviour matters and help you understand your options if you are affected by or accused of such behaviour.

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