Anti-Social Behaviour Orders (ASBO's)

Community Involvement

Anti-Social Behaviour Orders are designed to help a community. Local Residents can, as a group, collect 'evidence'...in theory.

The Anti-Social Behaviour Order is an order that revolves around the community...supposedly. We cannot of course make that judgement in your circumstances, only you can decide.

 

It should involve local community members and residents to gather information and 'evidence', which can in turn help to identify and hopefully enforce any breach of the preventative ('prohibitions') in the ASBO. In practice of course, local residents have been the victims of harassment and distress significantly before an ASBO is made and are unwilling or feel unsafe to be involved in further 'evidence gathering' activities.


Unwilling victims of anti-social behaviour are often scared, anxious, and fearful of damage to themselves or their property and rightly do not wish to place themselves at further risk. We can't say we blame them to be honest; who wouldn't be scared of the possibility of a torrent of physical/verbal abuse or having one's property damaged?

 

In theory, local communities can become fully involved and encourage one another to report anti-social behaviour and crime in their areas and help protect the community, together.

 

ASBO's are not designed to be implemented as a criminal punishment and the offender is not intended to be the subject of such a criminal consequence. Ironically to some victims of anti-social behaviour who themselves have been on the receiving end of ASB, this can feel unfair and unjustified.

 

Instead, an ASBO revolves around the 'prohibition' of an individual and hopefully prevents further anti-social acts and from being present in specific locations (e.g. pubs and town centres, etc). Members of the public are being placed at risk from such anti-social behaviour and the orders are of a civil kind and made in proceedings of a civil nature. The status of the ASBO 'civil law' has knock on effects which define the kind of court proceedings where ASBO applications are listened to; which includes the evidence type that can be heard to enable any application have further support.

 

The Police and Local Authorities are able to make an application for an ASBO where it is felt appropriate to offer protection to individuals who are in their area (the 'relevant persons') - it doesn't matter where the anti-social behaviour actually happened.

 

ASBO's can be subject to an extension if needed to give protective provision not only for the 'relevant persons' but for any other person in England and Wales. So if a person subject to an ASBO could indulge in anti-social behaviour in any part of England or Wales for example, then an ASBO may have a prohibitive inclusion which spans all of Wales or England.

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