Leanne Dungworth, Student Advisor at Streetlaw Plus, considers how the police and other agencies may deal with anti- social behaviour:
Anti-social behaviour is a nuisance to society and the Government is keen on reducing its existence. The term anti-social behaviour is a one used to describe incidents or actions that cause damage to an area or affect the quality of life of individuals. Probably the most well known preventative tool used by Government today is the Anti Social Behaviour Order (ASBO) which was introduced in 1999. An ASBO is aimed at preventing behaviour that causes or is likely to cause harassment, alarm or distress to the public. Examples of this include nuisance neighbours, vandalism and graffiti, buying and dealing drugs on the street, intimidating the public, joyriding, underage drinking and general yobbish behaviour. The ASBO therefore covers a wide range of actions and incidents and is an important method of preventing anti-social behaviour. In2002 the Home Office reported that ASBOs had delivered real improvement in the quality of life to communities around the country.
ASBOs are civil orders which contain conditions prohibiting the offender from specific anti-social acts or entering defined areas and they are effective for a minimum of two years, and can be applied to anyone over the age of 10. The orders are not criminal penalties and are not intended to punish the offender, but to simply prevent further anti-social behaviour.
Applications for ASBOs can be made by local authorities, police, Registered Social Landlords and Housing Action Trusts. The application is made in the magistrate’s court or the court can make an ASBO when it is sentencing for a criminal offence.
The test for the application of an ASBO is somewhat divided into two stages. Firstly, has there been an instance (or instances) of anti- social behaviour; if yes, is an order necessary for protection of other people. If yes, the ASBO will be issued, if not, then no action will be taken. Each ASBO will be different, with individual terms relating to the issue in hand. For example, if an individual receives an ASBO for graffiti he will not be banned from attending football matches whereas an individual who has received their ASBO for football hooliganism may well be.
Although ASBOs are civil in nature, breach of one is a criminal offence. The maximum penalty for adults if they breach an ASBO is 5 years imprisonment, and for youths it is a detention and training order for up to 2 years.
Acceptable Behaviour Contracts (ABCs) are written agreements between the person causing the anti-social behaviour and their Local Authority, Youth Inclusion Support Panel, Landlord or Police Service. They are designed to engage the individual and allow them to recognise the effect of their behaviour on the local community.
ABCs are aimed at young people, but can be issued to anyone regardless of their age, and are issued for low levels of anti-social behaviour. They are not binding by themselves but if the anti-social behaviour does not stop they can be used as evidence in more serious applications, for example, where an ASBO application is being made.
The ABC is a joint agreement between the two parties, and therefore the individual who has been committing the anti-social behaviour will have to acknowledge that this has a harmful effect and needs to stop. The agreement is usually in place for a 6 month period; however, this can be extended if necessary. During this period the individual will be closely monitored by the organisation that has entered into the ABC with him or her.
If the individual is under 18 the parent or carer will have to sign. The police, local authority or Youth Offending Team will also sign. The typical agreement simply requires that the individual refrains from such anti-social behaviour; however, sometimes the ABC requires that the individual undertake a positive act, for example, by taking part in local youth schemes, or alcohol abuse support groups.
Although ABCs are not binding, South Yorkshire Police report that they are 95% effective, and are therefore a useful flexible tool for low levels of anti-social behaviour. Drink Banning Orders (DBOs) are another way of trying to prevent ant-social behaviour.
They are given out by the magistrates court to people over the age of 16 who regularly engage in criminal or disorderly conduct whilst under the influence of alcohol. The Court will make a DBO if it thinks this is necessary to protect the public.
There is an increasing number of drink related incidents with many of these involving underage drinkers. As a result, the Government uses this scheme to try to prevent this problem from growing, and try to protect the rest of society who are not a danger to others. Home Office Minister Alan Campbell said: “Drinking Banning Orders will focus on offenders who’ve committed crime under the influence of alcohol. They are an example of our targeted and focused approach to ensure people can enjoy drinking sensibly and sociably.”
The DBOs generally prevent individuals from being able to enter certain drinks premises for a set period of between 2 months and 2 years. If the DBO is breached at anytime, the individual may have to pay a fine of up to £2,500. The order is not designed to restrict the individual from attending their place of employment, education or home. It simply prevents them from entering any specified restricted areas, for example, a pub or bar. Offenders who are subject to an order can be referred a Positive Behaviour Intervention Course to address their alcohol misuse. Successful completion of the course may lead to a reduction in the length of the order.
If you need advice about any aspect of anti social behaviour please contact Streetlaw Plus on 01483 216414 or email YKADVICE@lawcol.co.uk We offer free and confidential legal advice supervised by solicitors.
