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Getting an Anti Social Behaviour Order (ASBO)

By: Dave Howell - Updated: 17 Jul 2018 | comments*Discuss
 
Anti-social Behaviour Order Asbo Crime

The Anti-Social Behaviour Order or ASBO as it's normally referred to entered UK law in 1998 as part of their Crime and Disorder Act. The ideal behind the ASBO was to tackle the growing problem of anti-social behaviour that many communities in the UK were suffering from.

The ASBO is usually issued a magistrates' court in England, Wales and Northern Ireland, and by the Sheriff's Court in Scotland as a means of handing out a punishment to very young offenders without giving them any kind of custodial sentence. Note that the local authority in your area can also apply for an ASBO against an offender and also Registered Social Landlords and Housing Action Trusts. ASBOs can only be issued to an offender who is 10 years of age or over.

Reporting Anti-Social Behaviour

If you or your community are suffering from anti-social behaviour by an individual or group you can report this to a specialised agency. Every community has an anti-social behaviour coordinator, or a Crime and Disorder Reduction Partnership (CDRP) representative. You can locate your local teams on the Respect website: www.respect.gov.uk/article.aspx?id=9082.You can locate your local CDRP representative on the Home Office's crime reduction website

Respect Campaign

The government introduced the ASBO to give the police powers to tackle anti-social behaviour. As a long-term initiative to improve social responsibility across the UK, the Respect Action Plan was developed. This aims to improve how everyone in society relates to each other by developing stronger communities. You can read more about the Respect campaign on a dedicated website: www.respect.gov.uk.

The police are always keen to try and tackle anti-social behaviour in its early stages before it has a chance to develop any further. Early interventions as they are called can mean that the police write to anti-social behaviour offender, or visit their home. Fixed penalty notices can also be used for some offences such as graffiti to deter any further incidents. For young offenders parenting orders and Individual Support orders can be used before an ASBO is issued.

What can I get an ASBO for?

ASBOs were originally created to tackle anti-social behaviour. This can of course be interpreted in several ways. But generally speaking, in the context of an ASBO, you are committing anti-social behaviour if you:
  • Use verbal abuse or otherwise harass passersby.
  • Cause criminal damage. This is the destruction of property belong to someone else.
  • Cause excessive noise.
  • Drink alcohol or smoke under age.
  • Kerb crawl.
  • Vehicle crime.
  • Racial abuse.
  • Visiting areas that the police have said are out of bounds to you.
  • Continuing with the behaviour that ASBO has been issued against.
  • Gathering with a group of people the police have said contravene the ASBO order.

After an ASBO is Issued

An ASBO is an order that is placed on an offender. The ASBO will usually last for a minimum of 2 years. An ASBO does not indicate that a criminal offence has taken place. This means that the ASBO will not appear on your criminal record. However, if you break the terms of the ASBO this is a criminal offence and could result in up to 5 years in prison and a fine. If the police believe you have broken your ASBO, they will take your case to the magistrates' court, but some cases could be referred to the Crown Court.

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I was diagnosed with a multi personality disorder in 2009 and LQ used this against me neighbours would start trouble send people round to beat up my 2 sons and they would call the police before hand so when I contacted the council or the police they would turn up and go straight into the neighbours who also drove away 3/4 tenants before me, so I had no help just people terrorising me
Tina Wells - 17-Jul-18 @ 11:37 PM
My partner just found out he has been issued with an asbo for riding off road last year he wasn't issued with any paper work or fine and just told to go on his way . Surely this should of been the case
Mj - 23-Apr-18 @ 7:20 PM
We have a problem with 4-5 children aged between 10-12 they are foul mouthed to anyone that says anything they have caused damage to a elderly person's fencing and thrown stones at windows of another elderly persons property we are a small cul-de-sac with only 8 houses and 6 bungalows the problems have been reported to the local council and on numerous occasions to the police we as a small community are getting fed up of the situation and feel we are tackling this on our own none of the little idiots live in the street only one of them has a tie to the street because his grandparents live in one of the bungalows. Any advice would be appreciated thank-you
Charlie' angel - 16-Sep-17 @ 10:32 PM
Bill - Your Question:
Where can I get a copy of my sons ASBO ? He Is in prison and due to be released soon but cant remeber the terms of his ASBO.

Our Response:
He would have to get in touch directly with the court where he was charged.
CourtroomAdvice - 1-Aug-17 @ 2:33 PM
Where can I get a copy of my sons ASBO ? He Is in prison and due to be released soon but cant remeber the terms of his ASBO.
Bill - 1-Aug-17 @ 6:12 AM
@Steviej - you can't personally take an asbo out on someone. Total avoidance is the best solution!
IG - 31-May-17 @ 12:45 PM
My daughter aged 20 keeps getting verbally abused and harassed by a set of twins every time she goes out for a drink with her friends. She is adult enough to not lash out but is becoming more and more frustrated that nothing gets done. The police say it's her word against theirs and will not do anything as there is insufficient evidaence. Can I apply for an asbo or injunction against the twins evennthough they have no family connection,? Failing this I think my daughter will take the law into her own hands and deck the twins but will then become the perpetrator which should not be the case. Any advice would be greatly appreciated.
Steviej - 30-May-17 @ 6:25 PM
Last summer I was threatened by a teacher,s wife all because I moved some wheelie bins away from my fence,was told by member of housing association to put a sign up asking politely to refrainfrom putting bins against fence ,next thing I know I'm getting a visit from complaints officer stateing that my 3 children have been complained about by most pple in the same street never did explain to me what they meant to have done, so was issued with an asbo both my self and eldest daughter ate carers so she hardly ever at home and 2 youngest have been subjected to constant bullying and harassment since last year.been told by housing officer to keep my mouth shut and mind my own business. What can I do?
carni. - 1-Apr-17 @ 8:08 AM
@ROB - once it ends it ends. But you'd best check the official date with the police.
Lol74 - 4-Aug-16 @ 11:10 AM
I was issued with an ASBO at Oxford Crown Court on the 12th of November 2009. The ASBO was to last for 10 years.Does this mean that after the 12th of November 2019, I will have no ASBO to my name, even though the initial 9 months were spent in prison (Bullingdon)?Best wishes.
ROB - 3-Aug-16 @ 2:28 PM
Why don't we have any independent law firms in England trying to push back against abusive authorities who are using the ASBO and the tritet of acts to pacify political opinion among the electorate? When will my rights be observed and placed above the feelings of the nearest local authority employee? Why are we permissive of the social and genetic engineering that is being enforced through the lowest courts? Why am I being subjected to attitude re-adjustment when I have a fine direction laid? Who will answer fo these crimes commuted against me?
RealName - 2-Jun-16 @ 9:35 AM
Was arressted back i march released the next day with no charge sheet or anything said to me. Receieved a letter in for anti social behaviour that states its a caution but then goes on to say more could come out of it. Called the police and was advised they have charged me with resisting arrest and assaulting a police officer. First i have heard of it. Now i know im innoccent until proven guilty. However i am due to fly out to amercia which was all booked before this happened and have my esta approved but will this wffect me when i arrive
Jaz - 14-May-16 @ 3:46 PM
hobo - Your Question:
I was stopped by the police last night as some one reported me for playing load music and wheel spinning my car.This morning I have been called by the police and issued a warning. Can they do this ? The officer did not give his name ?

Our Response:
Please see the gov.uk link here for more information.
CourtroomAdvice - 28-Sep-15 @ 1:57 PM
I was stopped by the police last night as some one reported me for playing load music and wheel spinning my car.This morning I have been calledby the policeand issued a warning . Can they do this ? The officer did not give his name ?
hobo - 27-Sep-15 @ 11:22 AM
We have the most horrible people living close to us in Ward Avenue in Formby. they swear and scream all night play loud music until dead of night and they think we are the idiots. I wish for the law to change to show if you create this seen you will be evicted. Please help with getting our life back.
Timkim - 25-Jun-15 @ 4:58 PM
hiI now exactly how you feelive just been issued with a asbo in court march and I have a neighbour who keeps me awake but because the enviromental health haven't witnessed it I too have been given one because I banged the wall and told my housing association ..we cant win against big companies
waterfall - 18-Feb-14 @ 3:51 PM
I had a preventive asbo placed on me January 2013 , I have suffered 6 years ofbad neighbours, loud music, set my motorcycle on fire, hospitalised me for 2 weeksSeptember2012,damaged my motorcycle by tipping it over, slashed tyres, glued locks, shout and swear at me on street which I have had witnesses, I have had doctors treating my angina and stress and anxiety call police at 4am in morning and no police investigation,I have tried to take my life on 3 occasions and been charged for wasting police time and need help from someone or a support group.Life is unbearable and I got the asbo for falling out with council and police, on occasions I have swore at them in frustration. I have never been charged for unruly behaviour, assault towards neighbours, and I am a pillar of the community and regularly help old people, or disabled or mental health neighbours with forms to fill out, or advice. I got my asbo for being a constant complainer. Someone please help my battle as at the end of life as so depressed each day.Hope someone is there listening. Regards David Porter MA Dip
David Porter - 7-Sep-13 @ 1:02 AM
i have a asbo and im wondering if people who im not aloud to talk to report them for talking to me and trying to get me into trouble !!
spongeyou - 14-Mar-13 @ 10:14 AM
My son has an asbo on him and his car, They then made him do an improvements course, (£190.00 and 100miles away or they would charge him for spinning his wheels in a car park out of town) (scotland) he wants to up grade to a better car, if he sells the car will the person who buys the car have to continue with the cars asbo, (seams very unfair to the new owner) or dose it get lifted and transferred to my sons new car. Thank you.Gary
Gaza - 6-Feb-13 @ 9:24 PM
I am getting frequently harrassed by someone who lives in the same village! I have had to change my number, block her on Facebook, her son has abused by son and she has threatened to kill me in front of witnesses!!! but,because she didnt use a weapon it cannot be taken seriously, The police said they will refer her for an ASBO! what does this mean?
drivingmepotty! - 14-Aug-12 @ 6:31 PM
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