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There are several tools used to address antisocial behaviour, depending on the seriousness of the problem:
When youths show the first signs of antisocial behaviour they are offered advice, assistance and support, in an attempt to engage them and try to get them away from crime. The newly formed Prevent and Deter panels, chaired by the Youth Offending Team, also support young people.
These are the first option when dealing with antisocial behaviour or other problems, and are mainly focused on youths (but can be used for other things such as neighbour disputes). They are intended to engage youngsters at an early stage, helping them to acknowledge and improve their behaviour before any further action is needed. Throughout the length of the contract, attempts will be made to offer support and services to the youngsters through other agencies, such as the Youth Offending Team and Education Services.
These are voluntary and do not have to be signed, last for six months and should be monitored by the police sector for compliance.
ASBOs are civil (as opposed to criminal) orders that exist to protect the public from behaviour that causes, or is likely to cause, harassment, alarm or distress, and can be made against anyone ten years and over. An order contains conditions prohibiting the offender from specific antisocial acts or entering defined areas and is effective for a minimum of two years. The orders are not criminal penalties and are not intended to punish the offender. An order should not be viewed as an option of last resort.
Stand-alone applications for ASBOs are made to the Magistrates Court acting in its civil capacity and can be applied for after a quantity of information has been collated about a person. A post-conviction ASBO can be sought after a person has been convicted and sentenced for a criminal offence.
Conditions attached are tailored to each case but include area/borough bans, not to carry tools in connection with removal of car wheels, not to drink alcohol in public, non association clauses, curfews etc.
For adults, the maximum penalty on conviction of a breach of an order in the magistrates’ court is six months in prison or a fine not exceeding £5,000, or both. In the Crown Court the maximum penalty is five years in prison or a fine, or both.
Evidence for an ASBO application can be collated from any relevant agency, and case conferences are undertaken where youths are involved, to get all representatives from all concerned agencies around the table, to find out all the relevant information, for informed decisions to be made. The civil nature of an ASBO means that hearsay and professional witness evidence can be heard. This is an extremely important feature because those subjected to the antisocial behaviour or those reporting the behaviour can be protected.
The Community antisocial Behaviour Action Team will assist at Court hearings, supporting the lead police Officer and dealing with legal issues that arise. In some circumstances legal advice and assistance from the Metropolitan Police Service can be obtained.
These are for premises involved in the use, supply or production of class ‘a’ drugs. Premises must be shown to be involved in the supply, use or consumption of a class ‘a’ drug, and associated with disorder or serious nuisance. Premises can include residential, sheds, common areas, shops and commercial premises and licensed premises.
Closure notice will be issued by a police Superintendent and is valid for 48 hours, after this the Magistrates Court will be required to review and, if content, grant an order for three months. During this time the premises will be closed and no persons allowed to enter, unless granted by the court. If anyone is found inside the premises they are liable to arrest. The three month period should allow plenty of time for the housing provider to begin eviction proceedings.
The antisocial Behaviour Act provides new powers to tackle intimidating groups in public places.
With the consent of the local authority, the police can designate an area where there is a persistent problem with intimidating group activity involving two or more persons. police have the power to disperse individuals from within this designated area, who are behaving in a way that is causing intimidation, harassment, alarm or distress to members of the public and if required, exclude them for 24 hours. These individuals can be arrested if they return within that time.
Further, children under 16 years old unaccompanied by an adults found within the designated area between 9pm and 6am can be returned home, to their place of residence, or to a place of safety by the police if they are thought to be vulnerable, provided this would not be putting the child at risk. However, this is a discretionary power, and the police do not have to remove all children from the designated area.
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