Anti-Social Behaviour Orders
This page explains everything you need to know about Anti Social Behaviour Orders (ASBO). Links below will take you to the relevant paragraph of the page.
ASBO is a preventative measure enforced by the Court placing restrictions on what a person can or cannot do. ASBO?s are only given after everything else was tried to change the behaviour of the anti social person. The most common types of antisocial behaviour are loud music and parties, intimidation or anything else which is affecting your life.
- You contact the Anti Social Investigations Team (A.S.I.T) about someone's anti social behaviour.
- We will try to establish what is the cause of the problem.
- If you rent your house the Investigator will inform your local Housing Officer or landlord (be it a private person or Registered Social Landlord) and give them opportunity to resolve the matter.
- When it is clear that the A.S.I.T . needs to intervene, we will discuss options and prepare with you an plan of action.
- This could include involving Community Mediation Services who are an independent service and have an excellent record of finding a permanent solution to problems.
- If it becomes clear that we have to court to get an ASBO on someone, we'll speak to you, your family and any witnesses or anyone else who can have evidence to support application.
- We go to the Sheriff Court.
- The process is based on civil legislation and the presiding Sheriff will make a judgment based on the "balance of probability". This means that the level of proof required is lower than that in a criminal court.
- At the court a hearing date is set and the evidence is presented to the Sheriff. Normally, witnesses don't have to come yet. A solicitor representing the Council or Registered Social Landlord will present the case to the Sheriff.
- If the application is contested a further hearing date is set and witnesses could be called to give evidence then .
- Based on evidence, ASBO, or Interim ASBO is granted or not on the second hearing.
It can depend on various factors and there is no fixed timescale. When the anti social behaviour is deemed to be serious, we do our best get an Interim ASBO as quickly as possible. It has the same affect as a normal ASBO and provides authorities with the means of putting measures in place to address the behaviour of an offender.
When an Order is granted, Investigators will give victims and witnesses a copy of the Order. It outlines all restrictions placed on the offender. There will also be an information what to do if an offender breaches any of the conditions in the Order.
The Police will also get a copy. They have the power to arrest an individual who breaches the conditions in an ASBO. It is important to contact the Police at the time of any incident involving someone who is the subject of an ASBO.
Anyone in rented accommodation puts their tenancy as risk if they become involved in antisocial behaviour. The Anti Social Investigations Team make this clear to offenders and try to work with them to improve their behaviour and sustain their tenancy.
Tenants who are made the subject of Anti Social Behaviour Orders can have their tenancy transferred to a Short Scottish Secure Tenancy which, in some ways, is similar to being put on probation. During this "probationary" period the tenant is expected to act in a responsible manner, or the landlord can start the eviction proceedings.
We hope that anyone made the subject of an ASBO will fully recognise that what they have been doing is unacceptable. The purpose of an ASBO is to resolve problems but this can only be achieved with the co-operation with the offender.
We want the Court to have the best possible evidence, so when an application for ASBO is contested a witness might have to appear at a Hearing. Giving evidence can be stressful but you will only be asked about what has happened to you or what you have seen.
The solicitor representing the Council or Registered Social Landlord will lead you through your evidence and then the solicitor representing the defendant can ask you questions. It is okay to feel nervous but the process does not take long and by giving evidence you will provide the Sheriff with a clearer understanding of how the antisocial behaviour has affected you.
In some circumstances a member of the Anti Social Investigations Team can go to the court on behalf of a complainer, but this means that the court is not presented with the best evidence.
