Anti-Social Behaviour Order

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The factual accuracy of this article is disputed.

1 United Kingdom
2 History
3 What warrants an ASBO
- 3.1 Typical ASBOs
- 3.2 Less common ASBOs
4 Criticism of ASBOs
- 4.1 NACRO
5 TV and media
6 Republic of Ireland
7 See also
8 Notes
9 References

Asbo redirects here. The place in Skåne in Sweden is spelled Åsbo.

In the United Kingdom and the Republic of Ireland^[1] an Anti-Social Behaviour Order, acronym ASBO (pronounced /ˈæzboʊ/ az-bo), is a civil order made against a person who has been shown to have engaged in anti-social behaviour.

In the UK it has been claimed that ASBOs are treated with contempt by young people, and in some cases are even seen as a badge of honour.^[2]

[edit] United Kingdom

In the United Kingdom, this is defined as "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".^[3] In England and Wales they are issued by Magistrates' Courts, and in Scotland by the Sheriff Courts.

The British government introduced ASBOs by the Crime and Disorder Act 1998. In the UK, a CRASBO is a "Criminally Related" ASBO. One local authority has published photos of those given ASBOs on an Internet site.^[4]

[edit] History

ASBOs were first introduced in England and Wales by the Crime and Disorder Act 1998. Later legislation has strengthened 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.^[5] 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.^[6] The remit would include:

Extension of the Witness Protection Program in anti-social behaviour cases.
More courts dealing with cases.
More 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, and increased fines.^[7]

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.^[8]

[edit] What warrants an ASBO

[edit] Typical ASBOs

An anti social behaviour order is an Order of the Court which tells an individual how they must not behave. A person subject to an Order can do anything as long as it is not in breach of one of the prescribed conditions. An Order can contain only negative prohibitions. It cannot contain a positive obligation: Crime and Disorder Act 1998, s1(4) and 1(6); R (Lonergan) v Crown Court at Lewes (2005) 2 All ER 362.

In order to obtain an ASBO a two-stage test must be satisfied by the applicant authority (see section 1(1) Crime and Disorder Act 1998). The first is that the defendant has committed acts causing or likely to cause harassment, alarm or distress within six months of the date of issue of the summons. The second is that an order is necessary to protect persons from further anti-social behaviour.

The applicant has to prove in a court of law that the individual has acted in an anti-social manner. That is to say, in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself: Crime and Disorder Act 1998, s1(a). Although the proceedings are civil, not criminal, the court must apply in relation to this test the criminal standard of proof. The applicant must prove that the respondent has acted in such a manner beyond all reasonable doubt: R (McCann v Crown Court at Manchester) [2002] UKHL 39. A court may order an asbo only if such an order is 'necessary': Crime and Disorder Act 1988 s1(b).

Further, each prohibited act must be an act preparatory to a criminal offence rather than the offence itself. In addition, each prohibition itself must be necessary. It would be inappropriate for a condition to be not to spray graffiti – the final act. It would be more appropriate for the order to prohibit the carrying a paint-spray can in a particular area, marked on a map. This would only be necessary if it could be proved beyond all reasonable doubt that the respondent continually created graffiti with spray-cans in a specific area.

An order must be tailor-made for the individual respondent. It must be relevant to the anti-social behaviour. Orders must not be drafted too widely or imprecisely. Each prohibition must be necessary: R v Dean Boness [2005] EWCA Crim 2395.

The fact that some of the evidence is hearsay without the possibility of cross-examination does not have the automatic result that the proceedings are unfair. The court will have to consider what weight to give to the hearsay evidence. The Court of Appeal has stated that the high standard of proof is difficult to meet if the entirety of the case, or the majority of it, is based upon hearsay evidence: M v DPP [2007] EWHC 1032 (Admin).

Hearsay evidence is admissible by Civil Evidence Act 1995. Section 4(1) states that, "in estimating the weight (if any) to be given to hearsay evidence in civil proceedings the court shall have regard to any circumstances from which any inference can reasonably be drawn as to the reliability or otherwise of the evidence." The High Court has emphasised that the use of the words "if any" shows that some hearsay evidence may be given no weight at all: R (on the application of Cleary) v Highbury Corner Magistrates’ Court (2007) 1 All ER 270.

In order for an ASBO to be ordered by a court, the applicant must provide beyond all reasonable doubt (the criminal standard of proof) that the respondent has behaved in an anti-social manner. The applicant can rely on hearsay evidence. However, the Court of Appeal has stated that it does not expect a court to find that the criminal standard has been reached by relying solely on hearsay evidence. The Civil Evidence Act itself makes clear that courts should consider what weight, if any at all, attaches to hearsay material. In Cleary, the Court of Appeal again restated that courts should consider attaching no weight at all to such material, in accordance with the words of the statute.

An asbo is very similar to a civil injunction even though the difference are important. First, the injunction is supposed to protect the world at large, in a given geographical area, rather than an individual. Second, breach of an asbo is a criminal offence to be tried in a criminal court applying the criminal standard of beyond all reasonable doubt. A power of committal to prison is available for breach of a civil injunction but a court is unlikely to exercise that power.

A subject of an anti-social behaviour where it does not follow a criminal conviction has an automatic right of appeal against both the making of the order and its terms to a higher court. There is also the availability of an appeal to the High Court by way of "case stated".

An application for an ASBO is considered by the courts in its civil jurisdiction and is a civil order. However, breach of an ASBO is a criminal offence and conviction may result in up to five years' imprisonment (two for a minor). An ASBO may contain any prohibition even if the same is not an anti-social act, e.g. can include a prohibition in entering an area or speaking to named persons. Cases of orders have included:

[edit] Less common ASBOs

Less conventional uses of ASBOs include:

A woman forbidden from jumping into rivers, canals or railways to prevent placing rescue services at risk when rescuing her 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.^[16]

Two teenage boys from east Manchester forbidden to wear one golf glove.^[17]

A 13-year-old forbidden to use the word "grass".^[17]

A 17-year-old forbidden to use his front door.^[18]

An 87-year-old man ordered not to shout, swear or make "sarcastic remarks to neighbours or their visitors".^[19]

In the centre of Manchester, a group of residents were calling for an ASBO against noisy builders on big construction sites.^[20]

In 2004 Sony Music and BMG were threatened with anti-social behaviour orders by Camden Borough Council for illegal flyposting.^[21]

Children playing games in Grove Place Estate in Hampstead could receive ASBOs.^[22]

[edit] Criticism of ASBOs

Image:Asboprotest.jpg

Protesters against ASBOs outside the Corn Exchange in Leeds. One sign reads "Being young is not a crime."

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.^[23]

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.^[24]

In July 2007 the Local Government Ombudsman published a report criticising Manchester City Council for serving an ASBO based purely on uncorroborated reports of nuisance by a neighbour, and the Council agreed to pay £2000 in compensation.^[25]

A 2005 memorandum submitted by Napo asserted that "There is ample evidence of the issuing of ASBOs by the courts being inconsistent and almost a geographical lottery. There is great concern that people are being jailed following the breach of an ASBO where the original offence was itself non-imprisonable. There is also evidence that ASBOs have been used where people have mental health problems where treatment would be more appropriate. In Napo's view the time is right for a fundamental review of the use and appropriateness of Anti-social Behaviour Orders by the Home Office."^[17]

[edit] NACRO

The biggest criminal justice-related charity in England and Wales, NACRO, has published two reports, the first claiming that ASBOs were a failure due to being costly and slow to obtain,^[26] and the second criticising their use by the courts, saying that they are being used too hastily, before alternative remedies have been tried.^[27]

[edit] TV and 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 Five.
Top Gear's Jeremy Clarkson refers to the Ford Focus ST as the Ford ASBO.
The Streets refers to ASBO in the song "Memento Mori" from his 2006 album The Hardest Way to Make an Easy Living.
The Holloways refer to Britain's youth as the "ASBO generation" in their song "Nothing for the Kids" off their debut album So This Is Great Britain.
Arctic Monkeys' drummer Matt Helders had "ASBO?" written on his bass drum during a performance on Saturday Night Live in 2006. The songs performed by Arctic Monkeys were "I Bet You Look Good on the Dancefloor" and "A Certain Romance".
In the Doctor Who episode "School Reunion," the Doctor said, "It's all very calm around here... I thought they'd all be happy-slappy hoodies. Happy-slappy hoodies with ASBOs. Happy-slappy hoodies with ASBOs and ringtones ..."