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What is an ASBO?

 Anti-Social Behaviour Orders are intended to protect the public from behaviour that causes, or is likely to cause harassment, alarm or distress where there is a necessity for such an order. 

  • It is to be used where other remedies have been explored and deemed inappropriate or less effective than an Order or where the behaviour is sufficiently serious for an ASBO to be considered immediately.
  • An ASBO is a civil order which contains conditions that prohibit the offender from carrying out specific anti-social acts or from entering defined areas.
  • Orders are valid for a minimum of two years, are not criminal sanctions, and are not intended to punish the offender. However a breach of the Order is a criminal offence, punishable with up to 5 years imprisonment.
  • An ASBO can apply across the whole of England and Wales, although more usually they are applied to a local government area.
  • An “anti-social manner” is defined as acting in “a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as the person carrying out the anti-social behaviour”.
  • A Court can grant an ASBO when it is satisfied that:
    • The defendant behaved in an anti-social manner
    • AND an order is necessary for the protection of persons from further anti-social behaviour by the defendant.
  • The Order is not intended to be used to deal with civil disputes or minor nuisances and does not replace the use of criminal offences.