Anti-Social Behaviour Order

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In the United Kingdom an Anti-Social Behaviour Order (acronym ASBO, pronounced az-bo) is a civil order made against a person who has been shown to have engaged in conduct which caused or was likely to cause alarm, harassment, or distress to one or more persons not of the same household as him or herself and where an ASBO is seen as necessary to protect relevant persons from further anti-social acts by the Defendant. [1] In England and Wales they are issued by Magistrates' Courts, and in Scotland by the Sheriff Courts. It was introduced by the Crime and Disorder Act 1998.

A CRASBO is a "Criminally Related" ASBO.[2]

[edit] History

ASBOs were first introduced in England and Wales by the Crime and Disorder Act 1998. However, subsequent legislation has been used to strengthen its application: in England and Wales this has largely been via the Anti-Social Behaviour Act 2003, in Northern Ireland through an order in council. In Scotland, which has a separate criminal justice system, ASBOs were introduced for the first time in October 2004 by the Antisocial Behaviour etc. (Scotland) Act 2004.[2] Scotland, however, has an existing tribunal charged with dealing with children and young persons who offend, the Children's Hearings System.

In a press release of 28 October 2004, Tony Blair and David Blunkett announced further measures to extend the use and definition of ASBOs. [3] The remit would include:-

The press release concluded by remarking:

"In the past year around 100,000 cases of anti social behaviour have been dealt with. 2,633 ASBOs and 418 dispersal orders have been issued in the same period."

On 25 October 2005, Transport for London announced its intent to apply for a new law giving them the authority to issue orders against repeat fare dodgers, and increased fines. [4]

As of 31 March 2004, 2455 ASBOs had been issued in England and Wales. On 30 March 2006, the Home Office announced that 7,356 anti-social behaviour orders had been given out since 1999 in England and Wales.[5]

[edit] What Warrants an ASBO

[edit] Typical ASBOs

Although these are civil orders, the court must apply the criminal standard of proof when determining whether the defendant has acted in an anti-social manner. However, hearsay evidence and anonymous testimony are admissible as evidence during the proceedings.

The order may prohibit any behaviour. Breach of an ASBO can result in criminal penalties of up to five years in prison. Cases of orders have included:

A typical factor in the application of an ASBO is repeated offences which alone might be considered minor. For example, swearing at a neighbour in itself is likely to be considered a minor infraction; but when it happens daily over many months it becomes harassment. The flexible nature of the ASBO allows any inappropriate behaviour to be defined in court, agreed under the guidance of the judicary, together with an appropriate level of punishment for an infraction.

[edit] Less Common ASBOs

Less conventional uses of ASBOs include:-

  • Recently, a woman given an ASBO preventing her from jumping into rivers, canals or railways.[7] This is because the rescue services were placed at risk when rescuing her from these places whilst she was attempting suicide. Magistrates made her subject to an ASBO, which means that if she attempts suicide again she could be sent to prison.
  • An ASBO granted to a whole area, to part of Skegness[8] allowing the police to arrest anyone who caused trouble in the area.
  • Two teenage boys from east Manchester forbidden to wear one golf glove. [9]
  • A 13-year-old forbidden to use the word "grass". [10]
  • A boy and two girls were arrested for removing small branches from a tree on public land [11]
  • A 17-year-old forbidden to use his front door. [12].
  • An 87-year-old man ordered not to shout, swear or make "sarcastic remarks to neighbours or their visitors". [13]
  • In the center of Manchester, a group of residents were calling for an ASBO against noisy builders on big construction sites. [14]; full story.

Some of these ASBOs were controversial. There have been many disagreements on the distribution of these ASBOs.

[edit] Reception of ASBOs

A MORI opinion poll published on 9 June 2005 found that 82% of the British public were in favour of ASBOs, however only 39% believed they were effective in their current form. [15]

[edit] TV & Media

Nine teenage girls from Manchester, many of whom have criminal convictions (including one with an ASBO) are the subject of the TV series ASBO Teen to Beauty Queen for Channel Five.

[edit] Criticism

Some critics of the ASBO system argue that it criminalises behaviour that is otherwise lawful. Other parties have voiced concerns about the open-ended nature of ASBO penalties - that is, there is little restriction on what a court may impose as the terms of the ASBO, and little restriction on what can be designated as antisocial behaviour. Critics have reported that only around 3% of ASBO applications have been turned down. [16] To add to this, individuals can be jailed for up to five years if they break the terms of their ASBOs, so it is possible for an individual to be imprisoned for acts that would not be a criminal offence for anyone else other than the subject of the ASBO. It is also viewed by many that ASBO's are worn like badges of honour by youths with them.

NACRO has published two reports, the first claiming that ASBOs were a failure, being costly and slow to obtain and the second criticising their use by the courts, saying that they are being used too hastily, before alternative remedies have been tried.

[edit] See also

[edit] Notes

  1. ^ "s1(1) Crime and Disorder Act 1998", Office of Public Sector Information. URL accessed on 18 June 2006.
  2. ^ "Antisocial Behaviour etc. (Scotland) Act 2004: Guidance on Antisocial Behaviour Orders", Scottish Executive. "Guidance on Antisocial Behaviour Orders: Antisocial Behaviour etc. (Scotland) Act 2004" PDF URLs accessed on 18 June 2006.
  3. ^ "Press Briefing: 3.45pm Thursday 28 October 2004", 10 Downing Street. URL accessed on 18 June 2006.
  4. ^ "Plans for £50 fare-dodger fines, BBC News, 25 October 2005. URL accessed on 18 June 2006.
  5. ^ "Asbo total hits 7,356", The Register, 30 March 2006. URL accessed on 18 June 2006.
  6. ^ "Man banned from organising raves" BBC News, 14 June 2006
  7. ^ "Suicide woman banned from rivers", BBC News, 25 February 2005. URL accessed on 18 June 2006.
  8. ^ "Skegness is given an ASBO", Skegness Today, 26 July 2006. URL accessed on 2 August 2006.
  9. ^ A case at Manchester Magistrates Court, November-December 2002.
  10. ^ Home Affairs - Written Evidence: 19. Memorandum submitted by Napo, House of Commons, 22 March 2005. URL accessed on 18 June 2006.
  11. ^ "Children arrested, DNA tested, interrogated and locked up... for playing in a tree" Daily Mail, 23rd July 2006
  12. ^ "http://icwales.icnetwork.co.uk/0100news/0200wales/tm_objectid%3D15095255%26method%3Dfull%26siteid%3D50082%26headline%3Dterror-boy--17--banned-from-using-his-own-front-door-name_page.html", icWales. URL accessed on 02 September 2006.
  13. ^ "Anti-social OAP faces jail", BBC News, 22 July 2003. URL accessed on 18 June 2006.
  14. ^ Metro News page 1, 27 October 2006
  15. ^ "Public Concern About ASB And Support For ASBOs", MORI, 10 June 2005. URL accessed on 18 June 2006.
  16. ^ "[1]" The Guardian, 5 April, 2005

[edit] References

[edit] External links

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