Background

• ASBO's are civil orders made by the court, which prohibit the perpetrator from specific anti-social acts and from entering defined areas on a map (exclusion zones).
• Section 1(1) of the Crime and Disorder Act 1998 defines acting in an anti-social manner as a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as the complainant.
• Anti-Social Behaviour Orders are not criminal penalties and are not intended to punish the offender, instead they prohibit that person from continuing to do specified anti-social acts or entering defined locations, in order to protect the public in those areas.
• Orders can be made against anyone over the age of 10 years.
• Order are effective for a minimum of two years.
• Orders contain conditions prohibiting the offender from specific anti-social acts or entering defined areas.

Who can be subject to an ASBO

Anti-Social Behaviour Orders can be made against any person aged 10 or over who has acted in an anti-social manner, defined as 'a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household' as the perpetrator. Where an order is needed to protect person(s) from further anti-social acts.

An order can be used against offenders living in any type of housing and to tackle anti-social behaviour in a wide range of situations and settings.

What an ASBO can include?

• Banning the individual from entering defined areas of the community.
• Banning an individual from certain buildings, shopping areas, etc.
• Banned from leaving their home after a certain time in the evening.
• Banned from associating with certain friends/ acquaintances.
• Banned from committing any anti-social or criminal acts.
• Banned from using verbally abusive language.
• Banned from encouraging others to engage in anti-social behaviour.
• Banned from congregating in groups bigger than 4 persons.

Evidence Required To Process An ASBO

It is imperative that community witnesses come forward and provide evidence, as without this we are very much limited in the interventions we can use in order to tackle anti-social behaviour. The level of evidence required to process an ASBO through the courts is the equivalent to a criminal standard. This in practice means that a great deal of evidence is needed to successfully obtain an ASBO through the Magistrates or Crown Court. Community witnesses show the courts the impact that an individual's behaviour is having on the community as a whole and how it affects resident's lives. Without this evidence it is very difficult for a court to understand the extent of the prroblem in a particular area.

What happens if an ASBO is breached?

Breaching the terms of an anti-social behaviour order (ASBO), without reasonable excuse, is a criminal offence and criminal proceddures and criminal peenalties apply. Breach of an interim ASBO, a couty court ASBO or an ASBO on conviction is also a criminal offence and attracts the same penalties.

How to report a breach of an ASBO?

If you witness an individual breaching their ASBO then you must report it to the Police by telephoning either of the following numbers:

• 999 - Emergency Number
• 0845 6070999 - Sussex Police Non- Emergency Number

Who can prosecute a breach of an order?

Breach of any of the terms of an ASBO is a criminal offence, which will normally be prosecuted by the CPS. Local authorities may also prosecute ASBO breaches. Breach proceedings are heard in the magistrates' criminal court, (the youth court for juveniles). The magistrates may decide to refer the proceedings concerning adult offenders to the crown court if the breach warrants a more severe penalty than is available to magistrates.

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