Anti Social Behaviour Order

An Anti-Social Behaviour Order (ASBO) is a civil order made against a person, as a result of persistent anti-social behaviour. The order bans a person from engaging in a specified form of anti-social behaviour, and/or bans them from entering a specified area. Breach of an ASBO can result in criminal penalties. The definition of anti-social behaviour is wide-ranging. The Crime and Disorder Act 1998 defines anti-social behaviour as behaviour that "caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household." Cases of orders have included: ASBOs, at present, only exist in England and Wales (Anti-Social Behaviour Act 2003) and Northern Ireland (made under separate legislation). They are also under consideration by the Scottish parliament, and may soon become law in Scotland too. As of 31 March 2004, 2455 ASBOs have been issued in England and Wales. In a press release of 28 October 2004 http://www.number-10.gov.uk/output/page6532.asp, Tony Blair and David Blunkett announced further measures to extend the use and definition of ASBOs. The remit would include: extension of the witness protection programme in anti-social behaviour cases; an increase in the number of courts dealing with cases; an extension of the number of offences liable for fixed-penalty notices and giving parish councils the power to issue fixed penalty notices for infringements. The press release concluded by remarking:
"In the past year around 100,000 cases of anti social behaviour have been dealt with. 2,633 ASBOs and 418 dispersal orders have been issued in the same period."
ASBOs remain controversial, as a person can be jailed for up to five years for an offence that would not normally be criminal. There is also no clear structure on the punishment an ASBO should contain; it is decided based on the nature of the offence. In a recent example of the bizarre use of ASBOs, a women has been given an ASBO preventing her from jumping into rivers, canals or railways. This is because the rescue services had to rescue her from these places whilst she was attempting suicide. Rather than providing her with treatment or counselling, they gave her an ASBO, which means that if she attempts suicide again she could be sent to prison.

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