Education and Child Matters

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ASBO - Now Replaced With Civil Injunction, Community Protection Notice (CPO) And Criminal Behaviour Order (CBO)

 

Please note that in 2014 the ASBO was replaced with a civil injunction, a community protection notice and a criminal behaviour order. This was for England and Wales.

The ASBO is still granted in Scotland.

WHAT IS AN ASBO?

An ASBO is short for anti-social behaviour order that can last for a minimum of 2 years and a maximum of life. It is a civil sanction issued by the court.

It is not a criminal offence to have an ASBO. The purpose of an ASBO is to prevent a certain type of behaviour which may cause harm and distress to others.  

An ASBO can be granted by the court under the crime and disorder act 1998.

A child of 10 years of age can be issued with an ASBO.

The court can include directions and restrictions in the ASBO such as during certain times an individual cannot enter a particular area.

WHAT IS REGARDED AS ANTI-SOCIAL BEHAVIOUR?

Anti-social behaviour is the behaviour of an individual that causes distress, harm, harassment to others of different households. 

The following are regarded as anti-social behaviour:

  1. Consuming alcohol in the street.
  2. Disruptive public behaviour.
  3. Vandalism.
  4. Uncontrolled animals.
  5. Graffiti.
  6. Fly tipping.
  7. Noise pollution.
  8. Intimidation.
  9. Abandoning vehicles.

WHAT WILL HAPPEN IF AN INDIVIDUAL DISOBEYS AN ASBO

If an individual breaks the terms of an ASBO they have committed a criminal offence. The court can hand out a sentence of up to 5 years.

WHAT CAN HAPPEN BEFORE AN ASBO IS GRANTED BY THE COURT?

Before an ASBO is granted by the court, an individual who is engaging in anti-social behaviour will first be offered the following:

  1. Mediation to try and find a solution.
  2. They may be given warning letters to change their behaviour.
  3. They may be asked to sign an acceptable behaviour contract. This is an agreement stating that the anti-social behaviour will stop. The agreement is between the local authority and the individual committing the anti-social behaviour.

CAN SOMEONE APPEAL AGAINST AN ASBO IF THEY FEEL IT IS UNJUST?

Yes they can.

WHAT IS A CIVIL INJUNCTION?

A persistent offender of anti-social behaviour can be issued with a civil injunction by the court.

A person aged 10 years and over can be issued with a civil injunction.

For a child under 18 years of age a civil injunction can last up to 1 year.

For a child under 18 years of age if they disobey a civil injunction they will get a 3 month detention order. 

WHAT IS A COMMUNITY PROTECTION NOTICE (CPN)?

A persistent offender of anti-social behaviour can be issued with a community protection notice by the court.

A person aged 16 years and over can be issued with a community protection notice.

There is no maximum period a community protection notice can last for.

For a child under 18 years of age if they disobey a community protection notice they will get a fine of between £100 and £2500.00. 

WHAT IS A CRIMINAL BEHAVIOUR ORDER (CBO)?

A persistent offender of anti-social behaviour can be issued with a criminal behaviour order by the court if they have already been convicted of a crime.

A person aged 10 years and over can be issued with a criminal behaviour order.

For a child under 18 years of age a criminal behaviour order can last between 1 – 3 years.

For a child under 18 years of age if they disobey a criminal behaviour order they will get a 2 year detention order.