Crime & communities
Tackling fear of crime & disorder in the community
Anti-Social Behaviour Orders (ASBOs)
ASBOs have been in use since 1999. Their purpose is to prevent anti-social behaviour by named individuals and can be applied for by police forces, local authorities registered social landlords and the British Transport Police.
The courts can grant an order if:
The individual's behaviour is anti-social or
The order is necessary to protect persons from further anti-social acts.
ASBOs are usually ordered when an application has been specifically made for them, but they can also be granted in addition to a sentence for an offence when the person is convicted.
An ASBO can cover any defined area within England and Wales or can cover the whole country. Orders last for a minimum of two years. There is no specified maximum, but the court should make the order for as long as it considers necessary for the protection of the community from the individual in question. Children aged 10 and over can be made the subject of an order.
The order should contain details of what the defendant is prohibited from doing. It should be specific about the exact behaviour, the time and place so that it is clear to the defendant and to those enforcing the order what constitutes a breach.
There are no reporting restrictions on ASBOs and they work well if they are widely publicised. The court may decide to impose reporting restrictions to protect the identity of a person under 18.
If an order is breached, the defendant can be prosecuted and face a fine of up to £5,000 or up to five years in prison. Juvenile offenders can be sentenced to a detention and training order that has a maximum term of 24 months.
Last update: Thursday, October 26, 2006