Anti-Social Behaviour Orders (ASBO's)

Human Rights & ASBO Cost

Don't you sometimes just feel like asking "Where are my Human Rights then?"

An Anti-Social Behaviour Order (ASBO) can cost anything up to £5000.

Within The European Convention of Human Rights a balance has to be made between the rights of the victim of anti-social behaviour and those of the people who create that unwanted behaviour.

 

Those on the receiving end of unacceptable behaviour can hopefully rely on the ASBO to have some positive effect in stopping the anti-social behaviour source. It is every human being's right to live in a community or residence which is free from anti-social behaviour.

 

No other human being has a right to inflict the misery, distress and harassment of their poor behaviour on others. The Neighbours From Hell in Britain has more information on Human Rights Issues.




Like anything new, as it gets used more often, it should become easier to implement and hopefully cheaper to use. There is the possibility that ASBO's have been too expensive in the past to instigate and therefore perhaps avoided.

 

In today's society, ASBO use seems to be splashed around the media and tabloids like there's no tomorrow. From 'shop a yob' campaigns to extremes where children cannot play in the school playground for fear of making too much noise, it's all a very subjective and emotive subject for sure.

 

'The Campbell Report' in 2002 suggested that an ASBO cost could be anything between £4,000 to £5,000. Whilst this may seem expensive (and indeed it is a lot of money), the cost to a victim of anti-social behaviour goes way beyond a financial one. A few thousand pounds is a small price to pay in exchange for an ASBO, if it goes all or someway to positively affecting that behaviour for someone on the unwilling end of the problems in question.

 

Here's some legal jargon to conclude our short tour of the ASBO...

 

Under The Magistrates’ Courts Act 1980, section 127, there is a time limit of a maximum of 6 months, where a complaint must be made, from the date of when the anti-social behaviour happened.

 

Whether a victim of unwanted behaviour has experienced a single incident or many instances combined, there's no difference. It is acceptable to use any previous instances of anti-social behaviour before the 6 month deadline, to highlight a consistent behavioural pattern from those that persist in inflicting anti-social behaviour on others. If that's you on the receiving end, you must remember to keep a

 

Record, record, record! (everything) - don't forget!

 

Hearsay notices - serving these: The defendant (the person who has created the anti-social behaviour) needs to have one of these notices before a hearing, within 21 days of the hearing date. If this doesn't happen for one reason or another, any evidence may still be used, but a court could take it into account more negatively (e.g. such evidence may not carry as much importance).

 

ASBO Appeals: The Crime and Disorder Act of 1998, gives a person accused of anti-social behaviour a 'right of appeal' to the order; ASBO's are applied for via the Magistrates Court and an appeal is via the Crown Court. Any further appeals that challenge the decision of the Crown Court are then made to the High Court (Supreme Court Act 1981). An ASBO appeal made via the County Court has to be instigated before 14 days have expired from the decision.

 

Access more ASBO info.

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