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Anti-social behaviour order

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In the United Kingdom an Anti-Social Behaviour Order (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 necessary to protect relevant persons from further anti-social acts by the Defendant."[s1(1) Crime and Disorder Act 1998]", Office of Public Sector Information. URL accessed on 18 June 2006. 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 "Criminially Related" ASBO.

Although these are civil orders, the behaviour complained of must be proved to the criminal standard. It should be noted that a little known Scots Law, Lawburrows, enables a summary action before a Sheriff with only the civil standard of proof that the pursuer was likely to be put in fear - on the balance of probability, no witness apart from the pursurer, no court record, etc. and a bond lodged in court immediately, to be forfeit should the pursuer be put in fear subsequently. Although narrower than ASBO, the aim of Lawburrows is "...to prevent such delinquences and terrify evil doers..."

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

Other more obscure orders have been issued, including a thirteen year old banned from using the word "Grass",[Home Affairs - Written Evidence: 19. Memorandum submitted by Napo], House of Commons, 22 March 2005. URL accessed on 18 June 2006. a seventeen-year-old forbidden to use his front door,"[http://www.statewatch.org/asbo/asbowatch-children.htm]", Statewatch. URL accessed on 18 June 2006. and an eighty-seven year old man ordered not to make "sarcastic remarks to neighbours or their visitors"."[Anti-social OAP faces jail]", BBC News, 22 July 2003. URL accessed on 18 June 2006.

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."[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. Scotland has however an existing tribunal charged with dealing with children and young persons who offend, the Children's Hearings System. This system is largely welfare based, and does not mesh well with the punitive stance of ASBOs : hence while thousands of ASBOs have been made in England, only 4 ASBOs were made in respect of children under 16 in Scotland in the first year of operation.

In a press release of 28 October 2004, Tony Blair and David Blunkett announced further measures to extend the use and definition of ASBOs."[Press Briefing: 3.45pm Thursday 28 October 2004]", 10 Downing Street. URL accessed on 18 June 2006. The remit would include: extension of the witness protection programme in anti-social behaviour cases; an increase in the number of courts dealing with cases; an extension of the number of offences liable for Fixed Penalty Notices and giving parish councils the power to issue fixed penalty notices for infringements. 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, along with increased fines."[Plans for £50 fare-dodger fines], BBC News, 25 October 2005. URL accessed on 18 June 2006.

In a recent example of a less conventional use of ASBOs, a woman has been given an ASBO preventing her from jumping into rivers, canals or railways."[Suicide woman banned from rivers]", BBC News, 25 February 2005. URL accessed on 18 June 2006. 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.

ASBOs are often linked with the chav or ned stereotype.

A MORI opinion poll published on 9 June 2005 claimed that 82% of the British public were in favour of ASBOs, however only 39% believed they were effective in their current form."[Public Concern About ASB And Support For ASBOs]", MORI, 10 June 2005. URL accessed on 18 June 2006.

As of 31 March 2004, 2455 ASBOs have 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."[Asbo total hits 7,356]", The Register, 30 March 2006. URL accessed on 18 June 2006.

Contents

Controversy surrounding ASBOs

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. Theretically, they argue, it is possible to impose indefinite house arrest on an individual who has Tourette's syndrome or has an unusual hairstyle"[link]" The Guardian, 5 April, 2005. This is compounded by the fact that individuals can be jailed for up to five years if they break the terms of their ASBO.

See also

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References

External links

 

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