Youth
Anti-Social Behaviour Orders and Associated Measures (Part 1)
This Nacro briefing paper is the first part of 2 reports upon anti-social behaviour orders (ASBOs), acceptable behaviour contracts (ABCs), and associated measures contained in the Anti-social Behaviour Act 2003. These measures include fixed penalty notices (FPNs) for offences for 16 and 17 year olds, group dispersal and trespasser powers. Part 2 of the report will consider issues for practitioners relating to ASBOs and ABCs, and detail the relevant provisions of the Anti-Social Behaviour Act 2003 .
Title: Anti-Social Behaviour Orders and Associated Measures (Part 1)
Author: Nacro
Series: Information Briefings - Youth Crime
Date published: July 2004
Number of pages: 8
Indications of how much anti-social behaviour is seen as a threat and problem in our communities is reflected by the influx of recent government legislation:
leading to the Anti-social Behaviour Act 2003
the recent launch of the government anti-social behaviour action plan.
Attention was drawn in the early 1990s to communities which appeared to be disintegrating in the face of crime, drug use and dealing, and a lack of investment. Research also associated anti-social behaviour with offending and the fear of crime.
Often cited were persistent petty offences such as littering, graffiti, abuse, obstruction, criminal damage involving groups or neighbours as antagonists, as being of major concern to the wider public.
The worst effects of victimisation, often with children as the victims, were often felt in poorer communities, with lack of legal assistance for victims.
Political consensus emerged from these needs for legislation to deal with these issues. The Protection from Harassment Act 1997, although primarily targeted at 'stalkers ', could cover a wide range of behaviours, including 'nuisance neighbours' and racial abuse. It provided a mixture of orders, including civil injunctions, the possibility of damages and criminal penalties.
ASBOs under section 1 of the Crime and Disorder Act 1998
Following the Protection from Harassment Act 1997 was the Crime and Disorder Act 1998. This originally set out 12 ASBOs which were made available where:
a person had acted in an anti-social way - in a manner which caused or was likely to cause harassment, alarm and distress to one or more persons not of the same household
and
such an order was necessary to protect persons in that local government area (or neighbouring areas) from further anti-social acts.
ASBOs were available from 1 April 1999 in respect of any person over 10 years of age, by complaint to the magistrates courts by one of the 'relevant authorities ' – the local authority / chief officer of police for the area.
If made, the order prevented the named person from behaving in the manner deemed anti-social and ran for a minimum of 2 years or 'until further order'.
Breach of the ASBO constituted a criminal offence, which for a youth, meant sentencing should be before a Youth Court. The penalty for breach was set at:
6 months imprisonment and /or maximum fine (on summons)
or
5 years imprisonment and /or maximum fine (on indictment). Appeals were possible.
A number of issues became apparent after the introduction of ASBOs. Ongoing measures and further assistance in combatting unruly behaviour were produced in section 17 of the Crime and Disorder Act 1998
Definition of anti-social behaviour
The following as examples of circumstances where an ASBO might be appropriate, where:
individuals intimidate neighbours and others through threats or violence or a mixture of unpleasant actions
there is persistent unruly behaviour by a small group of individuals on a housing estate or other local area, who may dominate others and use minor damage to property and fear of retaliation, possibly at unsocial hours, as a means of intimidating other people
there are families whose anti-social behaviour, when challenged, leads to verbal abuse, vandalism, threats and graffiti, sometimes using children as the vehicle for action against neighbouring families;
there is persistent abusive behaviour towards elderly people or towards mentally ill or disabled people causing them fear and distress
there is serious and persistent bullying of children on an organised basis in public recreation grounds or on the way to and from school, or within the school grounds if normal school disciplinary procedures do not stop the behaviour
there is persistent racial harassment or homophobic behaviour
there is persistent anti-social behaviour as a result of drugs or alcohol misuse.
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Last update: Thursday, August 28, 2008