Anti-Social Behaviour Orders (ASBOs)
Last updated | 24/04/2007
What will happen after a complaint is made about A nti-Social Behaviour?
Anyone making a complaint will be provided with information about what will happen, which includes a thorough investigation.
Where the evidence supports a complaint, and if other options fail to resolve the situation, an application for an Anti-Social Behaviour Order (ASBO) can be made to the Sheriff Court through civil legislation.
Sheriff consideration is likely to include a judgement on the 'balance of probability' that anti-social behaviour has taken place.
Must an Anti-Social Behaviour complainer appear at Court?
If an application for ASBO is contested, a complainer might be required to appear at a Court procedure known as a hearing. It is important to appreciate that information might be required from a complainer to assist the Sheriff in reaching a decision about an ASBO.
In certain circumstances an Anti-Social Behaviour Investigator may appear at Court on behalf of the complainer. Details like this are explained at an early stage.
How long does it take to obtain an Order?
There are no fixed time scales because it can depend on various factors. An application might, for instance, be contested. New legislation allows, however, for Interim ASBOs to be granted. An Interim ASBO has the same power as a full ASBO (other than affecting the subject's security of tenure) and can be granted quickly to provide protection until consideration can be given to a full ASBO.
What happens when an ASBO is granted?
An ASBO makes clear what is expected from the person(s) named on it. A copy of the ASBO is served on that person. Copies are also provided to those who have been affected by the Anti-Social Behaviour so that they are aware of what restrictions have been made. The Police are also informed and are provided with a copy of the ASBO.
What happens if anyone continues to commit Anti-Social Behaviour?
Anyone who breaches the conditions of an ASBO then commits a criminal offence and can be arrested by the Police. This could result in a Court appearance and potentially a criminal conviction.
Will a person be evicted if they are made the subject of an ASBO?
Not necessarily. But if anyone living in Council or Housing Association accommodation is found guilty of Anti-Social Behaviour their tenancy can be affected.
If a full ASBO is granted against a tenant that tenant can be 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, otherwise eviction proceedings can be implemented.
It is hoped 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, and offers of support may be made to achieve this outcome.
How long does an ASBO last?
An ASBO can be for a fixed period or can last indefinitely.
All ASBOs are reviewed regularly and if evidence shows that a person's behaviour has reached and settled at an acceptable standard, an application can be made to the Court to have the Order revoked.
Are ASBOs against juveniles the same as other ASBO's?
In theory an ASBO against a person between 12 & 16 years old is the same as that granted against an adult. However, legislation directs that the systems already in place (such as children's' hearings) should remain the primary forum when dealing with young people.
This means that all other avenues to change a young person's behaviour must be explored before an ASBO is sought.
It is appreciated that this might be frustrating to members of a community who, allegedly, are subjected to Anti-Social Behaviour from youngsters, but it is important to consider the welfare of every child.
