ABAs and ASBOs

If someone persistently behaves in an anti-social way they are likely to be managed through an Acceptable Behaviour Agreement (ABA). If this does not work we can consider an Anti-Social Behaviour Order (ASBO). This is a court order and if breached the person faces a prison term or a fine of up to £5,000.

Acceptable Behaviour Agreements (ABAs)

Acceptable Behaviour Agreements are not legally binding. They are an agreement between at least two professional agencies and a person who is behaving anti-socially. The agreement clearly states the behaviour that we class as anti-social. It also gives clear instructions on how to behave when found in the circumstances that seem to spark it. If a person breaches the agreement they can not be arrested for it, unless they have committed a blatant criminal offence. The breach can, however, be given as evidence towards an ASBO.

Anti-Social Behaviour Orders (ASBOs)

There are two types of ASBO:

    1. Post-Conviction ASBOs
An ASBO is an order which prohibits a person from doing a number of activities. For example they might not be allowed to have alcohol in a public space, go to a certain location, or hang around with certain individuals. There must be a direct link between what a person is doing that is anti-social and the conditions to try and stop this. Post-conviction ASBOs are tagged on by a court when a person is found guilty of an offence. The ASBO has to relate to the offence the person was arrested for. For example, if a person is always drunk and being intimidating, we can try for a post-conviction ASBO the next time they go to court for a public order offence but not if they were arrested for shoplifting. If a person breaches the conditions on their ASBO, they can be arrested and ultimately could be sent to prison.

    2. Civil ASBO
Whereas post-conviction ASBOs are obtained by police through a magistrates court, civil ASBOs are applied for by the local authority. These are useful for those people who cause a lot of problems but don’t seem to get arrested for it. The local authority, working with other agencies, needs to gather evidence and apply to the court for an ASBO that places conditions on that person. Again, they can be arrested if they breach these.