Anti-social Behaviour Orders (ASBOs)
If someone has committed a number of anti-social offences and refused to change their behaviour, they may be issued with an Anti-Social Behaviour Order (ASBO). They can be given to anyone over the age of ten.
ASBOs are court orders that can stop an offender going to a certain area of spending time with certain people or doing certain things. There are a number of organisations that can apply for one, including the police, local authorities, registered providers (previously called registered social landlords) and the British Transport Police.
ASBOs have been designed to protect members of the public from anti-social behaviour. Rather than punishing the offender they aim to prevent similar behaviour in the future as well as protecting victims and local communities.
If an ASBO is issued it will last for at least two years, but no more than five years. It is important to note that all ASBOs are reviewed on a regular basis. This means that if someone's behaviour shows improvement, then certain conditions of the ASBO may be removed or changed.
If a person is subject to an ASBO, they will not get a criminal record unless a court finds them guilty of breaking the order. If someone breaks the terms of an ASBO, they are committing a criminal offence. They can be arrested and the case will be heard in court. If the court finds the person guilty, punishment will depend on the age of the person and how serious the offence was. Time spent in custody, community sentences or a fine can be given to those people who break the terms of their ASBO and are found guilty.
Update on proposed changes to ASBOs
The Coalition Government is currently consulting on changes to anti-social behaviour legislation, including the legislation that applies to ASBOs. However, until further information is received, we would like to confirm that ASBOs are still part of current legislation, and any ASBOs that have been approved by the courts remain in place.
Please check back regularly for any new information on ASBO legislation. It is anticipated that changes will take place in late 2012 or early 2013.