Introduction to ASBO
An Anti-Social Behaviour Order (ASBO) is a civil citation that can be issued in Republic of Ireland and the United Kingdom (England, Scotland and Wales) against an individual whose actions have been deemed "anti-social." ASBO is an order for that individual to cease a specific action that is perceived to be disruptive to the safety of another individual or to the community at large.
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The Purpose of an ASBO
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According to the United Kingdom's Home Office web site, ASBOs are issued against an individual for a minimum of two years. The order can be extended if need be. The purpose of the order is "to protect specific victims, neighbors, or even whole communities from behaviour that has frightened or intimidated them, or damaged their quality of life."
Because anti-social behavior as the law is written is a violation of civil order, not a violation of a criminal statute, there is no criminal record for those who obey the order. Disobeying the restrictions set out in the order is a crime. Individuals over 10 years old who violate an anti-social behavior order can face a fine and/or a penalty of up to five years in prison.
Behaviours Deemed Anti-Social
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Anti-social behavior orders can be issued for a wide range of behaviors. The behavior itself may not be illegal. An order is issued if the behavior is deemed to have a significant negative impact on another person or on the community. ASBOs can be issued for spitting, intimidation, fare jumping, begging, stealing, mugging or shoplifting, abandoning cars in public places, drunken behavior in public, illegal trash dumping, not cleaning up after your pet, vandalism, noise pollution or performing in a public place for tips without a license.
How Orders Are Issued
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Before an order is issued victims of anti-social behavior must contact their local anti-social behavior team, neighborhood policing team or local police station directly and file a complaint. Evidence has to show the behavior is occurring and is having a negative impact. Police sometimes ask a complainant to keep a diary recording specifies of the accused person's behavior. All complaints are kept confidential.
The evidence is presented in civil court. If the presiding judge issues the order there are a variety of avenues open to the police to persuade the offending individual to cease the anti-social behavior.
What Can An ASBO Order An Individual To Do
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An ABSO can include curfews, geographic restrictions on where an offender may go, premises closure orders and parenting orders.
Effectiveness of ASBO
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There has been criticism of ABSOs from their inception. The order can be applied to children as young as age 10. The 2007 National Association of Discharged Prisoners' Aid Societies (NAROC) study criticized the uses of ABSO's as being costly and difficult to obtain.
A 2005 BBC news broadcast reported the government found ABSOs increasing useful for dealing with disaffected often unemployed youth who were disrupting communities with their anti-social behavior.
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