Anti Social Behaviour Orders (ASBO)Meet the team
If you are handed an ASBO by a court of law, DPP Law can provide excellent legal assistance should you feel that the decision was unfair. Our solicitors are highly experienced in representing clients as they appeal court orders. Furthermore, if you are accused of breaching your ASBO, we are able to work with you in order to verify whether the ASBO was actually breached, examine and challenge any evidence via a defence, minimise the severity of the punishment by providing relevant mitigation for the breach and advise on the options you have if you wish to appeal a decision.
Any behaviour that is deemed as severely antisocial may be punishable by an ASBO or anti social behaviour order.
What Happens When You Get an ASBO?
The nature of an ASBO depends on the behaviour to which it refers. You may receive one as a result of noise complaints, acts of vandalism or behaviour that is perceived as violent or threatening.
Once you receive an ASBO, you will be required to follow particular rules and behaviour guidelines in order to correctly adhere to it. These may include:
- Changing your behaviour
- Avoiding social interactions or communication with certain named individuals
- Avoiding certain locations that have been negatively affected by your behaviour
- Undertaking work to rectify any damage you have caused
What Happens if You Breach an ASBO?
Breach of ASBO sentencing guidelines states that engaging in any behaviour that contradicts the terms of your ASBO can result in you being tried at a Magistrates’ or Crown Court depending on the seriousness of the breach, and the outcome of this may be a prison sentence.
What is an ASBO Warning?
This is the first step that must be taken by law enforcers before you can be served with an ASBO. It constitutes an official notice that you should stop the behaviour in question, as it is causing fear or distress within the community, or is preventing others’ enjoyment. If you fail to adhere to this advice, it is likely that you will be given an ASBO – along with any other punishment detailed in the warning.
Types of ASBO
While still commonly referred to as ASBOs, the original anti social behaviour order has now been replaced by:
- Civil Injunctions
- CPNs (Community Protection Notice)
- CBOs (Criminal Behaviour Orders)
Civil Injunctions can be sought for both adults and under 18s in order to prevent nuisance and annoyance. They involve the placing of sanctions on offenders in order to prevent their antisocial behaviour from continuing, and the ordering of particular positive action to help them to change the way they act and fight against antisocial behaviour in general.
Breach of ASBO sentencing guidelines state that if a Civil Injunction is breached, the subject of that order may face up to two years in prison if they are 18 or over, or a three month detention order if they are aged between 14 and 17
Community Protection Notices are designed for offenders of 16 years or over, and serve to prevent the continuation of particular behaviours that negatively affect a community’s quality of life, as well as charging those involved to rectify any damage or local issue that is a direct negative result of their actions.
A breach of a CPN may result in a Fixed Penalty Notice or a fine of up to £2,500, as well as the potential confiscation of certain items related to the offending in question.
A Criminal Behaviour Order is issued in response to more serious offending. You can only be given a CBO if you have already been convicted of a crime. It serves as a prohibition notice stating that if the offender repeats any of the behaviour that saw them served with the order, they face a 2 year term in a detention centre if they are under 18, or a 5 year prison sentence and/or an unlimited fine if they are 18 or over.
Frequently Asked Questions
What is an ASBO?
ASBO stands for anti social behaviour order and refers to an order handed to an individual by a court of law that comprises of certain sanctions, prohibitions and instructions in order to prevent that individual from continuing to behave in a manner that is threatening or creates a nuisance for the general public or their neighbours, as well as occasionally requiring them to undertake activities that are likely to improve their behaviour and/or rectify the problems they have caused.
How long does an ASBO last?
A Civil Injunction lasts for up to 12 months. A CBO can last between 12 months and 3 years depending on the age of the offender and the nature of their antisocial behaviour. A CPN has no official maximum length.
What does an ASBO stop you doing?
The terms and requirements of each ASBO depend on the behaviour they have been put in place to combat. You may be required to avoid particular areas or people, or show evidence of concerted attempts to improve or change your behaviour.
Is an ASBO a criminal record?
Being given an ASBO doesn’t equate to a criminal record, and it doesn’t mean you’ve been convicted of a crime. However, as an ASBO means you’re restricted within certain parameters, if you’re found to be breaking those restrictions, that will be a crime and can be added to your criminal record.
Can I find out if someone has an ASBO?
If the person with the ASBO is under the age of 18, the court can take measures to protect their identity. However, there is no direct way in which to find out if someone has an ASBO. But if you have concerns about an individual or group of people in your neighbourhood, you can ask the local police station for information that they are able to share.
How many ASBOs have been issued?
In 2014, ASBOs were replaced with Civil Injunctions and Criminal Behaviour Orders (CBO). According to government statistics, a total of 24,427 ASBOs were issued between April 1999 and December 2013, with 2005 seeing the most issues with 4,122.
If you’ve been served with an ASBO warning and you’re concerned about what happens when you get an ASBO, or you have already been served with one and wish to appeal, speak to the solicitors at DPP Law today for expert advice, support and assistance.
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