ASBOs were introduced by section 1 of the Crime and Disorder Act 1998 and have been strengthened by the Police Reform Act 2002.

ASBOs are civil orders made to the magistrates’ court to protect the public from behaviour that causes or is likely to cause harassment, alarm or distress. An order contains conditions prohibiting the offender from specific acts or entering certain areas and is effective for a minimum of two years.

The civil nature of the order means that hearsay evidence can be heard, this is an important feature because it means that victims of the behaviour can be protected. Magistrates must apply a criminal standard of proof to the past acts alleged against the defendant.

An ASBO can be made against anyone aged 10 years or more who has acted in an anti-social manner and where an order is needed to protect person(s) from further acts.

A breach of the order is an arrestable offence and normal procedures for criminal offences apply. The maximum penalty in Crown Court is five years imprisonment.

The conditions an ASBO could impose used to apply only in the local government area in which the behaviour occurred and adjoining areas. An order can now extend across any defined area within, or indeed the whole of, England and Wales.

Acceptable Behaviour Contract (ABC)

An Acceptable Behaviour Contract (ABC) is a voluntary written agreement between a person who has been involved in anti-social behaviour and the Crime and Disorder Partnership for the area.

The contract specifies a list of anti-social acts, such as harassment, graffiti, criminal damage and verbal abuse, in which the person has been involved and which they agree not to continue.

The contract is agreed and signed at a meeting with the person, their parent or guardian if under 18 and the Crime and Disorder Partnership representatives. The person is invited to this meeting by a letter.

By signing the agreement the person agrees to act in accordance with the specific expectations listed in the contract. Once signed, the agreement is effective for six months and the conduct of the person is monitored and review meetings are held.

Support to address the underlying causes of the behaviour will be offered in parallel to the contract.

If the ABC is breached an application may be made to the magistrates’ court for an Anti-Social Behaviour Order or the housing provider may begin proceedings for re-possession of the family home.

What makes an ABC work?

• Support from the parents or guardian
• Fast reaction to ASB
• Effective monitoring
• Young age
• Not a ringleader
• Regular school attendance

What increases the risk of failure?

• Parents/guardian’s reluctance to co-operate and support the contract
• Slow reaction
• No monitoring
• Older age
• Ringleader
• Truancy