Information AboutAsbo |
| CATEGORIES ABOUT ANTI-SOCIAL BEHAVIOUR ORDER | |
| united kingdom law | |
| irish law | |
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.]] In the '' news report, 29 December 2006 . an Anti-Social Behaviour Order, Acronym '''ASBO''', pronounced // ('''az'''-bo), is a Civil order made against a person who has been shown to have engaged in Anti-social Behaviour . UNITED KINGDOM In the United Kingdom, this is defined as "conduct which caused or was likely to cause alarm, harassment, or distress to one or more persons not of the same 2006 . In England And Wales they are issued by Magistrates' Courts , and in Scotland by the Sheriff Courts . The British government introduced ASBOs by the Crime And Disorder Act 1998 . In the UK, a CRASBO is a "Criminally Related" ASBO. One local authority has published photos of those given ASBOs on an Internet site. Warwickshire Police Media Portal - Images of ASBO and CRASBO Offenders Published On Warwickshire Police Website HISTORY ASBOs were first introduced in 2006 . Scotland, however, has an existing Tribunal charged with dealing with children and young persons who offend, the Children's Hearings System. In a press release of 28 October 2004 , Tony Blair and David Blunkett announced further measures to extend the use and definition of ASBOs." Press Briefing: 3.45pm Thursday 28 October 2004 ", 10 Downing Street. URL accessed on 18 June 2006. The remit would include:
The press release concluded by remarking:
On 2005 . URL accessed on 18 June 2006 . As of 2006 . URL accessed on 18 June 2006 . WHAT WARRANTS AN ASBO Typical ASBOs The type of evidence that can be used to obtain an ASBO is much wider than for criminal cases. Both hearsay evidence and anonymous testimony are admissible as evidence. In order to obtain an ASBO a two-stage test must be satisfied by the applicant authority (see section 1(1) Crime and Disorder Act 1998). The first is that the defendant has committed acts causing or likely to cause harassment, alarm or distress within six months of the date of issue of the summons and secondly that an order is necessary to protect relevant persons (persons in the local authority or police area) from further anti-social behaviour. The first part of the test requires proof to the criminal standard, i.e. beyond reasonable doubt, but the second has no burden or standard or proof only that the court in its judgement or evaluation considers it to be necessary (see ''R (on the application of McCann and others) v Crown Court at Manchester 2003''). An application for an ASBO is considered by the courts in its civil jurisdiction and is a civil order. However, breach of an ASBO is a criminal offence and conviction may result in up to five years' imprisonment (two for a minor). An ASBO may contain any prohibition even if the same is not an anti-social act, e.g. can include a prohibition in entering an area or speaking to named persons. Cases of orders have included:
Less common ASBOs Less conventional uses of ASBOs include:
CRITICISM OF ASBOS . One sign reads "Being young is not a crime."]] A 2005 . URL accessed on 18 June 2006 . Some critics of the ASBO system argue that it criminalises behaviour that is otherwise lawful. Other parties have voiced concerns about the open-ended nature of ASBO penalties – that is, there is little restriction on what a court may impose as the terms of the ASBO, and little restriction on what can be designated as antisocial behaviour. Critics have reported that only around 3% of ASBO applications have been turned down." A triumph of hearsay and hysteria " The Guardian, 5 April 2005 In July 2007 the 2007 A 2005 memorandum submitted by Napo asserted that "There is ample evidence of the issuing of ASBOs by the courts being inconsistent and almost a geographical lottery. There is great concern that people are being jailed following the breach of an ASBO where the original offence was itself non-imprisonable. There is also evidence that ASBOs have been used where people have 2005 . URL accessed on 18 June 2006 . NACRO The biggest criminal justice-related charity in England and Wales, NACRO , has published two reports, the first claiming that ASBOs were a failure due to being costly and slow to obtain,2 and the second criticising their use by the courts, saying that they are being used too hastily, before alternative remedies have been tried.3 TV AND MEDIA
REPUBLIC OF IRELAND ASBOs were introduced by Minister For Justice Michael McDowell on 1 January 2007 . The Campaign to Stop Anti-social Behaviour in Ireland was launched in 2003 and quickly established itself as a community based website that gave individuals within their own communities the opportunity to share with others the experiences and solutions to problems of anti-social behaviour. {Link without Title} SEE ALSO NOTES REFERENCES
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