Courts, Orders and types of ASBO?
The Crime and Disorder Act, 1998 is the backbone of the Anti-Social
Behaviour Order. Those that cause 'harassment, alarm or distress' may become
subject of one.
You will know, if you become ASBO'd...
An order can be implemented involving any offender in any kind of housing. It is designed to address anti-social behaviour in a huge range of different circumstances.
The media and society can often 'stereotype' anti-social behaviour offenders and it is important to recognise that those who indulge in acts of anti-social behaviour can come from any background and social standing. To see this point in action, all you need do is visit Neighbours From Hell in Britain.
Let's get to the point. To have any hope of acquiring an anti-social behaviour order, the 'anti-social manner' which is being used, must be specified.
The Crime and Disorder Act, 1998 (which is the back bone of the ASBO) sets out an "anti-social manner as:
(a) that the person has acted, since the commencement date, in an anti-social manner, that is to say, in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself; and
(b) that such an order is necessary to protect persons in the local government area in which the harassment, alarm or distress was caused or was likely to be caused from further anti-social acts by him;
Substituting "him" for equally "her" of course! Anti-Social Behaviour (ASB) is not simply restricted to male members of society, whereas it wouldn't be fair or reasonable to label children and young people alone as the perpetrators of ASB.
The Crime and Disorder Act, 1998 doesn't specify the many different kinds of anti-social behaviour. We suspect, if it did, the list would never be complete!
The many kinds of Anti-Social Behaviour (ASB) individuals and groups can experience is vast to say the least. If you'd like to read more about this, our 'ASB - The Behaviour Types' section is for you. This lack of behaviour specification though, does in theory allow for ASBO use to be implemented in a whole host of different situations as a legal solution to Anti-Social Behaviour.
Any agency which makes an application for the ASBO is required to show the court where an individual has allegedly been involved in an "anti-social manner". This could include any or all of the factors of "harassment, alarm or distress".
For the person or group on the receiving end of ASB, we of course recognise that how you interpret what Anti-Social Behaviour actually is, is most important. What is 'harassment' to one person, may not necessarily affect another at all.
Anti-Social Behaviour Orders arrived on our doorstep, within a 4-folded package. There are four different kinds of ASBO's - 'interim', 'stand-alone' and 'county court' orders, as well as a 'made on conviction in criminal proceedings' order.
'Stand-Alone': Magistrates courts can act in a civil capacity and these can be totally unconnected to any other proceedings of a legal nature.
'Interim': The County Court or Magistrates Court can make such an interim order before the full application of an ASBO and this can be done without the defendant receiving any notice. A court can order a speedy halt of the Anti-Social behaviour and in theory protecting members of a community (the public) whilst doing so.
'County-Court': Such an order can be achieved where the defendant is involved in other proceedings (action). An example is a possession of tenancy where a landlord is instigating action for a tenant’s non-payment of rent.
'Order on conviction in criminal proceedings': The crown court, youth court and magistrate’s court, which mainly encompass the criminal courts, can instigate an order involving a person who is subject to a criminal offence conviction.
"An anti-social behaviour order shall have effect for a period (not less than two years) specified in the order or until further order" states the Crime and Disorder Act of 1998. Here we have a two year minimum which could possibly lead to another ASBO being issued.