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Information » Law & Rights » Punishment and Sentences » ASBOs

What is anti social behaviour?

• Your behaviour is considered anti-social if it causes, or is likely to cause other people, harassment, alarm and distress.

What is an Asbo?

• It is not a criminal penalty: It is a civil court order usually sought by a local council which bans behaviour in order to protect the public. But authorities do have powers to publicise the names of those subject to orders and place their names on the Police National Computer.
• When they were introduced? ASBOs were introduced by the Crime and Disorder Act 1998 and have been available to use as a punishment since April 1999.
• The powers to deal with anti social behaviour were strengthened and extended in 2002, when it became law to make similar orders on conviction in criminal proceedings, and in county court proceedings, and to make interim orders.

Can anyone get ASBOs?

• ASBOs can be issued against anyone aged 10 or above.

For what reasons can you attain an ASBO?

• For only the very worst sort of nuisance behaviour such as harassment, criminal damage, racial abuse, joy riding and vandalism.

Can I appeal against an ASBO?

• Yes in the same way as you can appeal against a connviction.
• An appeal goes to the Crown Court which rehears the case and a notice of appeal must be given in writing to the designated officer of the court within 21 days of the order being made.

Are they a permanent mark on my life?

• An ASBO is a civil order, not a criminal penalty so it will not appear on an individuals criminal record.
• However, the breach of an ASBO provision is a criminal offence and can result in a prison sentence of up to 5 years.

What qualifies as 'anti social’?

• In law it is defined as behaving in a manner that causes or is likely to cause harassment, alarm or distress.
• Anti social behaviour covers a broad range of activities including, public drinking, criminal damage, vandalism, arson, littering, noise nuisance and graffiti.

Are there various degrees of ASBOs?

• There are no degrees of ASBOs.
• An order contains conditions prohibiting the offender from carrying out specific anti social acts or from entering defined areas and is effective for a minimum of two years.
• The orders are not criminal sanctions and are not intended to punish the offender.

Are there warnings before ASBOs?

• Welsh Community Safety Partnerships (CSPs) tackle anti social behaviour with a four stage targeted intervention process that aims to address nuisance behaviour before it escalates to an ASBO.
• This includes warning letters, home visits and Acceptable Behaviour Contracts.

Who gives you an ASBO police/court?

ASBOs are civil orders issued by Magistrates’ courts on application from the Police, local authorities, registered social landlords, British Transport Police or the Environment Agency.