What is an ASBO?

Anti-Social Behaviour Orders were a key part of the Crime and Disorder Act 1998 and came into force on 1 April 1999. Since modified, by the Police Reform Act 2002 and the Anti-Social Behaviour Act 2003, orders ban individuals from entering certain areas or carrying out specific acts for a minimum period of two years (see Home Office website).

An application for an ASBO can be made to a magistrate by police forces (including the British transport police), local authorities, housing action trusts and registered social landlords and imposed on the individual deemed guilty of "anti-social behaviour". This is defined, by a Government guide to ASBOs on their crime reduction website, as

"behaviour which causes or is likely to cause harassment, alarm or distress to one or more people who are not in the same household as the perpetrator"

ASBOs also take the form of interim orders (made by the magistrates' court or the county court ahead of a full hearing), county court orders (obtained when other proceedings against an individual are underway such as possession of tenancy) and "orders made on conviction in criminal proceedings" (where the criminal courts can serve an order on an individual convicted of a criminal offence). The latter has become known as a "CRASBO", but this is a somewhat erroneous term because the key point remains that, as in all cases, they are civil orders.

This means that in the application process, for an ASBO, there is no jury and hearsay evidence is admissible. If breached, the individual has committed a criminal offence which carries a maximum penalty of five years in prison.

Enforcing the orders has often proven difficult, so to encourage the public to take an active role recipients are frequently "named and shamed". Update: Between April 1999 and December 2004, 4,649 ASBOs were issued in England and Wales and that number rose by over 100% by the end of 2005 to 9,853. An area-by-area breakdown is available here. In February 2007, the government, in response to a freedom of information request, revealed that 47% of these orders have been breached.

For enquiries or contributions to this site, e-mail asbowatch(at)statewatch.pipal.net 

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