ASBOs

The concept of Antisocial Behaviour Orders (ASBOs) was introduced in England and Wales in 1998. An application for an Antisocial Behaviour Order may be made in the Magistrate’s Court. A District Council, Chief Constable, or Northern Ireland Housing Executive may apply for an Antisocial Behaviour Order in respect of a person aged 10 or over, provided that certain conditions are met.

These conditions include that the person has acted in a manner that has caused or is likely to cause harassment, alarm, or distress to one or more persons not of the same household as themselves and that the Order is necessary to protect relevant persons from antisocial acts by the individual.

In this context, relevant persons are persons within the district of the council. In the case of the Chief Constable, it applies to persons within Northern Ireland, and in the case of the Housing Executive, it applies to persons residing in Housing Executive premises or in the vicinity.

These orders are civil orders. Hearsay evidence or professional evidence is admissible. It is sufficient for a witness with appropriate expertise to observe events and state that the behavior is likely to cause harassment to anyone who might be subject to it. This facilitates evidence being given by persons directly targeted.

The magistrate’s court may make an order prohibiting the defendant from doing anything specified. The prohibitions must be reasonable, realistic, proportionate, and practical.

The conditions should be specific. A person may be prohibited from being in certain areas at certain times. The terms of the order should be sufficiently certain.

The prohibitions may cover acts that are criminal, such as situations where the defendant may incite others to engage in behavior or enter certain premises. Prohibitions should be necessary for the purpose of protecting persons in a defined area or the entire province from antisocial acts. The duration is set by the court and is generally a minimum of two years. The duration should reflect the period necessary to protect a community rather than the conduct concerned. It is not a sentence.

An application may be made for the discharge of the order within two years of the date of service. This is only possible with the agreement of the relevant authority and the defendant. Applications may be made by either party to vary the terms of the order.

There is provision for appeal to the County Court against the making of an Anti-Social Behaviour Order. The legislation governing this is the Anti-Social Behaviour (NI) Order 2004.

An interim order may be granted by a Magistrates Court where the main order has not yet been determined. The interim order may prohibit the defendant from doing specified acts for a period until the full hearing. The order itself may be renewed or discharged. It ceases to have effect on the determination of the principal application.

A body making the application must consult with its counterparts about whether it should be made and the proposed content. This is to avoid the risk of the above entities undertaking parallel proceedings in respect of the same behavior or where the behavior may be such that a criminal charge is more appropriate.

Generally, an application for an ASBO should not be made when criminal proceedings are underway for the same behavior. There is provision for legal aid on application.

An ASBO may be made on conviction in criminal proceedings where the court is satisfied that the person has acted in an antisocial manner. This is a manner likely to cause harassment, alarm, or distress to one or more persons of a different household. The order may be made when the ASBO is necessary to protect persons from further antisocial acts. The court may make the order of its own motion without application by the prosecution. Hearsay evidence may be admitted.

An order may be in addition to a sentence or conditional discharge that the court may impose. It is not part of the sentence. Elements of the ASBO may be suspended for a period, during a period of legal detention, or until released.

Breach of an ASBO is a criminal offense. General provisions of law applicable to the prosecution of offenses apply. It is heard summarily in the Magistrates Court or on indictment in the Crown Court.

Where an ASBO is against a child, the court may direct that no report is to be published in a newspaper or broadcast that discloses the name or address of the child or includes information likely to identify them. Breach is an offense subject to a fine on level 5 of the scale.

Magistrates’ Courts may bind a person to enter the recognisance, keep the peace and be of good order and of good behaviour. This order may be made on a complaint that a person should be called to show cause why he should not be so bound on conviction of an offence in lieu of or in addition to a sentence or in any case of a person present before the court without a formal application.

The period for which a person may be bound shall not exceed two years. A complaint may be made to the justice of the peace where the area where the person resides or is believed to be within the jurisdiction or where the conduct to which the complaint relates has occurred or is expected to occur.

Complaint is brought as if it is one alleging the commission of a summary offence. A person ordered to enter a recognisance who fails to do so, may be committed to imprisonment for upwards of six months. The provisions are without prejudice to the provisions in relation to probation and Antisocial Behaviour Order and Childrens Act legislation, Criminal Justice (Childrens) Order legislation.

Where the surety to a recognisance to keep the peace, be of good behaviour, has reason to suspect the person abandons principle, has been or is about to be guilty of conduct which would breach the terms, he may complaint to the justice, who may issue a warrant to bring the person, the subject of the order before him. He may be required to enter in your recognisance or be dealt with as if he had failed to comply with the order to enter a recognisance. In which case, the first mentioned recognisance shall be discharged.