An anti-social behaviour order (ASBO ) is a civil order made in the United Kingdom against a person who had been shown, on the balance of evidence, to have engaged in anti-social behaviour. The orders were introduced by Prime Minister Tony Blair in 1998, and continued in use until abolished in England and Wales by the Anti-Social Behaviour, Crime and Policing Act 2014 on 20 October 2014although they continue to be used in Scotland and Northern Ireland. ASBOs were replaced in England and Wales by the civil injunctions and criminal behaviour orders. They were designed to address behaviours like intimidation, drunkenness, and violence by individuals and families, using civil orders rather than criminal sanctions. The orders restricted behaviour in some way, such as prohibiting a return to a certain area or shop, or restricting public behaviours such as swearing or drinking alcohol. Many saw the ASBOs as connected with young delinquents.

They are closely related to fixed penalty notices and related schemes such as penalty notices for disorder (PNDs) and penalty charge notices (PCNs), in both intent and date of introduction.

History

ASBOs were introduced in England, Scotland, and Wales through the Crime and Disorder Act 1998 and in Northern Ireland by The Anti-social Behaviour (Northern Ireland) Order 2004. Later legislation strengthened its application: in England and Wales, this was largely via the Anti-social Behaviour Act 2003 and in Scotland with the Antisocial and Sexual Behaviour etc. (Scotland) Act 2004. Scotland, however, had a pre-existing tribunal system 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. The remit included:

  • Extension of the Witness Protection Programme in anti-social behaviour cases
  • More courts dealing with cases
  • More offences, including dog-fouling, litter, graffiti, and night-time noise liable for fixed penalty notices
  • Giving parish councils the power to issue fixed penalty notices for infringements

The press release concluded by remarking:

On 25 October 2005, Transport for London announced its intent to apply for a new law giving them the authority to issue orders against repeat fare dodgers, and increased fines. By 31 March 2004, 2,455 ASBOs had been issued in England and Wales. On 30 March 2006, the Home Office announced that 7,356 ASBOs had been given out since 1999 in England and Wales.

Replacement

The 2010 coalition government expressed its intention to replace ASBOs, citing the reasons that "breach rates are high, and the number issued has been steadily declining since 2005." In July 2010, Home Secretary Theresa May announced her intention to reform anti-social behaviour measures for England and Wales, with the abolition of ASBOs in due course in favour of alternative "community-based" social control policies. However, in 2012, Liberal Democrat objections prevented the implementation of proposals in a Home Office White Paper to replace the ASBO with a "criminal behaviour order" and a "crime prevention injunction". In May 2013, an Anti-social Behaviour, Crime and Policing Bill was introduced into the House of Commons, including a provision to create "injunctions to prevent nuisance and annoyance", replacing ASBOs in England and Wales. and was rejected by the House of Lords in January 2014.

The Anti-Social Behaviour, Crime and Policing Act 2014 received Royal Assent in March 2014. This streamlined the tools available to tackle anti-social behaviour, and replaced the ASBO with an injunction (a civil order) and a criminal behaviour order (CBO) in England and Wales. In England and Wales, they were issued by magistrates' courts; they are issued in Scotland by the sheriff courts and in Northern Ireland by magistrates' courts.

The British government introduced ASBOs through the Crime and Disorder Act 1998. In the UK, a CRASBO was a "criminally related" ASBO. One local authority published photos of those given ASBOs on an Internet site. Anti-social behaviour included a range of behaviours, such as:

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  • abandoning cars
  • arson
  • begging
  • casteism
  • dangerous driving
  • defecating/urinating in public
  • disturbing the peace
  • dogging (exhibitionistic public sex)
  • drug dealing/consumption of controlled recreational drugs
  • drunken behaviour
  • fare evasion
  • intimidation
  • littering/fly tipping/dog fouling
  • loitering (with intent)
  • noise pollution
  • paedophilic activity
  • racism and xenophobia
  • rioting
  • rudeness
  • smoking in public places
  • spitting
  • stealing/mugging/shoplifting
  • urban exploration
  • vandalism/criminal damage/graffiti

Standard of proof

Applications for ASBOs were heard by magistrates sitting in their civil capacity. Although the proceedings were civil, the court had to apply a heightened civil standard of proof. This standard was virtually indistinguishable from the criminal standard. The applicant had to satisfy the court "so that it is sure" that the defendant has acted in an anti-social manner. The test for the court to be "satisfied so that it is sure" was the same direction that a judge gives to a jury in a criminal case heard in the Crown Court, and is also known as satisfying the court "beyond reasonable doubt".

Pursuant to section 1(1) Civil Evidence Act 1995, an applicant (and a defendant) had the right to rely on witness statements without calling the makers of those statements—known as hearsay. If a party proposed to rely upon a hearsay statement, then the other party was entitled to ask the court for permission to call that witness for cross-examination.

If the court refused to grant such an application, then the defendant would be unable to cross examine the makers of the hearsay statements. Nevertheless, it was open to them, in accordance with the Civil Evidence Act, to submit that the court should place little or no weight upon material that had not been tested by way of cross examination.

Section 4(1) Civil Evidence Act 1995 states that: