Anti-social behaviour

Contents
1. Introduction 1.1. Acceptable Behaviour Contract (ABCs) 1.2. Penalty notices 1.3. Anti-social behaviour orders (ASBOs) 1.4. CCTV and anti-social behaviour 1.5. Powers of dispersal 2. Scotland and Northern Ireland

Anti-social behaviour (ASB) includes a range of problems: noisy neighbours, abandoned cars, vandalism, graffiti, litter and intimidating groups. It creates an environment where crime can take hold and affect people’s everyday lives. Neighbour law can provide effective tools to manage unacceptable anti-social behaviour.

What you can do

If anti-social behaviour is a problem in your area, you can:

• Talk to your local anti-social behaviour co-ordinator, who can help you tackle the problem
• Get involved to help prevent and tackle ASB when it does occur
• Report ASB incidents
• Be a witness to support legal action and stop ASB by getting court orders

In some cases witnesses’ identities can be kept anonymous.

Below is a summary of the most important mechanisms for dealing with anti-social behaviour.

An ABC is a written agreement made between a person engaging in anti-social behaviour and their local authority, Youth Inclusion Support Panel, landlord or the police. ABCs are designed to get individuals to acknowledge their anti-social behaviour and the effect it has on others, with the aim of stopping that behaviour at an early stage. An ABC sets out the types of anti-social acts the person agrees not to continue and outlines the consequences if the contract is breached.

ABCs, although designed for young people, can be used for offenders of any age. ABCs are informal and flexible. so can be used for various types of anti-social behaviour.

ABCs aren’t legally binding, but can be referred to in court as evidence in ASBO applications or in eviction or possession proceedings.

A Fixed Penalty Notice (FPN) and a Penalty Notice for Disorder (PND) are one-off penalties which can be issued to people who commit offences which amount to anti-social behaviour.

Fixed Penalty Notices (FPNs) generally deal with environmental offences like dropping litter, minor graffiti offences, not cleaning up dog fouling or noise nuisance from a private residence during the night. They can be issued by local council officers, police community support officers (PCSOs) and certain other accredited people. They can be issued to anyone over ten years old. Set penalties apply – these are higher for noise-related offences.

Penalty Notices for Disorder (PNDs) are issued for more serious offences, like throwing fireworks or being drunk and disorderly. PNDs can be issued by the police, community support officers and certain other accredited people.

PNDs can be issued to anyone over 16 years old – the amount of the fine depends on how bad the behaviour is. Examples where a PND may be issued include behaving in a way likely to cause harassment, alarm or distress to others, being drunk and disorderly in public, selling alcohol to an under 18 year old or breaching a fireworks curfew.

Admitting guilt by paying the fine under a penalty notice is not the same as a criminal conviction. However, failure to pay the fine may result in higher fines, or imprisonment.

An ASBO is a court order applied for by local authorities, police forces (including the British Transport Police) and by registered social landlords (these are landlords providing social housing). They cannot be applied for by members of the public, but people do get involved by collecting evidence and helping to monitor breaches.

ASBOs aim to protect the public from further anti-social behaviour from an individual, rather than punish the person. They ban the individual from repeating the offending behaviour or entering a set area, and last for a minimum of two years.

ASBOs are designed with communities in mind, to encourage people to get involved in reporting local crime and anti-social behaviour. They’re not criminal penalties, so they won’t appear on a police record. However, breaching an ASBO is a criminal offence and the punishment for this may be a fine or even imprisonment.

CCTV has proved to be a highly effective tool in discouraging anti-social behaviour. CCTV can sometimes be used in court as evidence to prove someone was in a certain place or that they committed an offence.

CCTV can also help to improve community safety and prevent undesirable behaviour, because people know their actions are being recorded.

Dispersal powers are used in public spaces (such as shopping arcades or parks) where groups gather and intimidate and harass the public. Once an area has been designated a dispersal area, then police can direct groups of two or more people to leave if they are causing a nuisance, and if they don’t live in the area. They may be excluded from the area for up to 24 hours.

The local authority must agree to the dispersal order and the decision must be published in a local newspaper or by notices in the local area.

The Scottish Parliament passed the anti-social behaviour bill in June 2004. Powers to tackle anti-social behaviour granted to local authorities include the following:

• The power to disperse groups of more than two people in designated trouble spots
• The introduction of parenting orders to compel parents to take reasonable steps to prevent their children from committing crimes
• The ability to extend electronic tagging to children under 16
• A ban on selling spray paint to people under 16
• Fixed penalty notices for offences such as litter, vandalism, drunken behaviour or consuming alcohol in a public place as well as for less serious offences such as littering
• More powers for councils to deal with private landlords who turn a blind eye to anti-social tenants
• More powers for the police to close 'crack houses', premises where drug-dealing takes place
• Extending ASBOs to 12-15 year olds

Anti-social behaviour legislation came into force on 25 August 2004 and covers essentially the same ground as the English and Scottish acts. The main difference is that the ASBOs themselves are applied for by the district council, the Chief Constable of the Police Service of Northern Ireland or the Northern Ireland Housing Executive as opposed to the local councils. This is because there is no direct Northern Irish equivalent to the local authorities in England and Wales, which have not only a representative function, but which are also responsible for education, housing and social services.