What Is An Asbo
What Is An Asbo
What Is An Asbo
What is an ASBO?
Ask somebody to make a list of crimes and they will probably come up with the usual
suspects that you or I would: murder, robbery, assault burglary and so on. They might even
include acts which are merely’against the law’ like parking on a double yellow line.
But if you ask them to make a list of anti-social behaviours, you are getting into an area
where there is going to be considerable disagreement. This didn’t stop the UK government
which introduced Anti-Social Behaviour Orders, or ASBOs, in 1998 as part of the Crime
and Disorder Act – legislation designed to deal with practically all aspects of criminal
activity and disorderly behaviour.
A subjective definition of anti-social behaviour permits you to cast your net wide and
include anything you find personally disagreeable; the legal definition is also widely
inclusive. To quote the Crime and Disorder Act it is behaviour which ’causes or is likely to
cause harassment alarm or distress to one or more people who are not in the same
household as the perpetrator’.This includes, among many other things, foul and abusive
language, threatening behaviour, shouting, disorderly conduct, vandalism, intimidation,
behaviour as the result of drug or alcohol misuse, graffiti and noise which is excessive,
particularly at night.
The idea is that ASBOs are sanctions designed to deal with issues that affect everyone in
the community and as such are civil sanctions, not criminal ones, and need the cooperation
of the community to be effective. For example, a private individual cannot apply for an
ASBO; he or she must make a complaint to the police or local authority, who will then work
together to gather more information and build up evidence. This involves getting witnesses,
among whom will no doubt be neighbours and acquaintances, to make statements to the
authorities. When the authorities are satisfied that they have enough evidence, the local
council applies to the magistrates’court to have an ASBO imposed.
In fact, young people merely hanging out in public places, however boisterous their
behaviour might seem to be to some people, are not considered to be indulging in anti-
social behaviour. However, there is a proviso. Such behaviour in its own right is not
considered anti-social unless it is thought it is being done with other, more serious,
behavioural attitudes involved. This, of course, can be very subjective.
A person faced with an ASBO can argue in their defence that their behaviour was
reasonable and unthreatening. This too is subjective, and both sides’ claims are open to
wide interpretation. Something else that has to be taken into account here is that ASBOs
are made on an individual basis even if that person is part of a group of people committing
anti-social behaviour. If a case reaches the magistrates’court, witnesses can be called to
When the Crime and Disorder Act came into force, ASBOs were generally intended to be a
measure to deal with adult anti-social behaviour, yet within the Act it states that an order
can be applied for against any individual over the age often years old. It is a striking fact
that the majority of ASBOs imposed since the law was enacted have been handed out to
young people and children.
The question is, have they been effective? The government, naturally, claims that they
have brought about a real improvement in the quality of life in communities around the
country. Nay-sayers, such as civil rights campaigners, claim the measures are far too open
to abuse. Some say they go too far and some that they don’t go far enough and lack bite.
However, a genuine impediment to their effectiveness is that to impose an ASBO takes a
lot of time and paperwork, involving the cooperation of community, police and local council,
and they are very expensive to implement- One estimate is that an ASBO can cost in
excess of £20,000. What all this means is that ASBOs are being used very rarely in many
parts of the country. So the jury is still out as to how effective they really are.
Which THREE of the following statements are true of ASBOs, according to the text?
B Parking on a double yellow line could get you served with an ASBO.
C Swearing is one of the offences referred to in the Crime and Disorder Act.
D As a private householder you can apply for an ASBO against a noisy neighbour.
H Most people agree that ASBOs have been effective all over the country.
Questions 4-6
Choose the correct letter, A, B, C or D.
Choose NO MORE THAN THREE WORDS from the passage for each answer.
7 The official 7..................... says that anti social behaviour is behaviour which can cause
alarm or distress.
8 Along with swearing and destruction of public or private property, making 8.....................
noise is considered anti-social behaviour.
9 ASBOs are considered to be part of 9..................... law rather than criminal law.
10 Citizens have to 10..................... to either the local council or the police before any
action can be taken.
11 In their efforts to collect evidence the authorities may call on 11..................... to get
more information.