Anti-Social Behaviour Orders
How ASBOs have worked
These case studies describe actual cases and show how ASBOs can be used successfully to tackle anti-social behaviour.
Case study 1 - youths congregating outside shops
Case study 2 - prostitution in a residential area
Case study 3 - intimidation and vandalism on a residential estate
Case study 1
In a relatively isolated village, youths congregated nightly outside a row of shops, up to 70 on weekend nights. This alone was considered threatening but it was their behaviour which intimidated and distressed locals to such an extent that the area became a ‘no-go’ area after 6pm. The youths drank excessively, consumed drugs and committed breaches of the peace, nuisance, public order and minor damage offences. A significant proportion of offences was racially motivated, and the behaviour seriously affected local businesses. There had been 85 complaints about the behaviour in five months, although the police were aware of a great deal of unreported crime due to fear and intimidation.
As an initial step the entire village was leafleted, calling locals to an open meeting in the village hall. The local radio station and newspapers were also used to publicise both the problem and the meeting, resulting in over 200 members of the public attending. At the meeting forms were given out to obtain evidence or intelligence, which could then be submitted in confidence.
Four ringleaders were identified. Evidence was divided into ‘primary evidence’ – evidence from those willing to attend court as witnesses – and ‘secondary’ – evidence from those who were not. The force solicitor then produced a document bundle, which included the relevant pieces of legislation; a case summary; the full witness statements (including names); certificates of consultation; and a draft order. This was then served in person to the four youths.
The orders granted were all for five years. Conditions included stipulations that they should not use or incite or encourage others to use foul, abusive, threatening or racist language or gestures within any public place within the village. They were not to enter named shops in the village, or loiter within 100 metres of them or enter another two specified locations or loiter near them.
A number of other measures were also used in parallel to halt the anti-social behaviour including terminating an evening bus service which was trafficking youths to the village, and targeting the local off-licence which was selling alcohol to under-age children. Members of the Special Constabulary and regular officers also patrolled the area and used their powers to confiscate alcohol from juveniles, and target the local drug problem.
These measures have been largely successful: the local police measured 24 incidents of disorder in the month proceeding the Order and only 5 the month after. The ASBOs have combated the behaviour of the ringleaders and reduced the behaviour of the whole group.
Case study 2
Prostitution has affected a residential area of one of England’s large cities for a number of years. On a daily basis, residents have suffered verbal and physical abuse from prostitutes and kerb crawlers alike. Driveways and gardens have been used as toilets and used by prostitutes to have sex with their clients. Condoms, tissues and used syringes have been discarded where they were used. There has also been a related influx of drug-related crime into the area.
Between January 1999 and March 2000 over 1,200 prostitute-related incidents in this area required a police response. In response the community set up a street-watch scheme to deter the prostitutes and their clients. The local authority invested in road closures, improved street lighting and put in place traffic calming measures. The police continued to prosecute offenders as well as provide drug referral schemes and a voluntary referral scheme to help divert women away from prostitution in conjunction with the Safe Sex Partnership. However, these efforts did little to curb the prostitution, and actually displaced the problem to a larger geographical area. Arresting the prostitutes often led the offender back to the streets to pay for the resulting fine.
ASBOs were used to tackle the behaviour arguing that prostitution causes harassment, alarm and distress to the community; traditional methods of combating the problem have failed; and the individuals considered were prolific offenders and significantly contributed to the problem. Two individuals were initially targeted, the first had 165 convictions for prostitution related offences, the second 35. Neither lived in the area; the sole reason for their presence was for the purposes of prostitution.
Successful ASBOs were brought against each of these individuals, excluding them from the area and prohibiting loitering for the purpose of prostitution in the entire local authority area. From that time, neither has been seen in the area again, although one has breached their order by soliciting in another part of the city, resulting in a three-month custodial sentence.
In total, 19 orders have now been made to tackle this problem, with others in preparation. Local residents have contacted the police to report significant improvements in the situation.
Case study 3
In one area, anti-social behaviour was largely due to a 13-year-old boy who effectively ‘ruled’ the area in which he lived: a deprived area of a large metropolitan city. Commonly a number of young people were involved, but the 13 year-old was the ringleader. The behaviour consisted of smashing windows, throwing missiles, and seriously damaging a neighbouring school. The five neighbours in the houses adjacent to his, including a local councillor, had been intimidated out of their homes, and the houses subsequently vandalised to such an extent that they were uninhabitable. There were also incidents of arson against property, including setting fire to neighbours’ back doors and posting firebombs through their letterboxes; racial harassment; intimidation; robbery; and the petrol bombing of a car.
The behaviour was extreme, but because of intimidation and a culture of ‘not grassing’ few of these incidents had been reported to the police, or if they had, few were willing to come forward and give evidence. Those simply supporting neighbours who had given evidence were also then targeted with similar anti-social behaviour. Some criminal charges had been made, but many dropped because of inconclusive evidence. The quality of life of the estate was severely affected. Because of fear and intimidation, few victims were visited by their relatives and no cars were driven or parked on the street for fear of what would happen to them. Many were scared to leave their homes, especially after dark. Others were desperately keen to leave the area altogether.
Both the local authority and the police developed the ASBO case. Police officers collected information and statements, and neighbourhood wardens dropped in regularly to update statements in the light of any new incidents and give support to witnesses. The local authority installed a video camera in a number of witnesses’ homes. This gave the witnesses a feeling of protection, and also gave evidence that was later used in court.
Only four community members were willing to come forward and give evidence in the contested case, although one stated that if everyone who had a complaint had come forward, the court would have been full. However, these witnesses were so convincing the District Judge did not want to hear the police evidence: the community’s evidence was enough.
Witnesses have reported feeling safer, and are continuing to be supported through visits from neighbourhood wardens.
Last update: Wednesday, September 06, 2006