ANNEX B: Summary of Powers to Tackle Anti-Social Behaviour to Be Replaced by the Provisions in Parts 1 to 4 of the Act The anti-social behaviour order
Anti-Social Behaviour Orders (“ASBOs”) are civil orders to protect the public from behaviour that causes, or is likely to cause, harassment, alarm or distress. The Order prohibits the individual from going to specified places or from doing specified things and was established by sections 1 to 4 of the Crime and Disorder Act 1998 (as amended by the Police Reform Act 2002).
Since 2002 the criminal burden of proof (beyond reasonable doubt) has been required to grant an ASBO (the McCann ruling). An ASBO can be granted to anyone above the age of 10. The ASBO must be granted for a minimum of 2 years, there is no maximum term and Orders can be of indefinite duration.
Breach of an ASBO is a criminal offence and can be heard in the Crown Court, magistrates’ court, or Youth Court. On summary conviction the individual may be liable to imprisonment for up to six months and/or a fine not exceeding the statutory maximum (£5,000); or on conviction on indictment the individual may be liable to imprisonment for up to five years.
There are two different types of ASBO – the ASBO on conviction and the ASBO on application. The ASBO on conviction is a civil order attached to a criminal conviction in the Crown Court, magistrates’ court or youth court and is applied for by the prosecutor at the request of the local authority or police. The ASBO on application can be used where someone has not been convicted of a criminal offence but is causing harassment, alarm or distress to others.
The ASBO on conviction will be replaced by the Criminal Behaviour Order, whilst the ASBO on application will be replaced by the injunction to prevent nuisance and annoyance.