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Antisocial behaviour orders Print E-mail

An antisocial behaviour order (ASBO) is a court order stopping a person from carrying out antisocial behaviour. They last for at least two years, and you could be imprisoned for up to five years if you break your ASBO. 

What is an antisocial behaviour order?

Anti-social behaviour orders (ASBOs) are court orders granted by a magistrate's court. They can only be applied for by:

  • your local council
  • the police, or
  • the Housing Executive

The person named on an ASBO is usually not allowed to:

  • carry out specific acts, or
  • enter into a specific area.

The ASBO must be:

  • reasonable,
  • specific,
  • realistic, and
  • practical.

For example, if an ASBO stops a person entering an area, the streets should be named and the times when the person can't enter the area should also be included.

Who can be given an antisocial behaviour order?

An ASBO can be granted against anyone aged 10 years or over as long as:

  • the person has carried out antisocial behaviour against someone who doesn't live with them, and
  • the ASBO is necessary to protect people in the area from further antisocial behaviour

An ASBO can be granted against a homeowner, a private tenant, a housing association tenant or a Housing Executive tenant. An ASBO will usually be granted for the following type of behaviour:

  • verbal abuse
  • harassment
  • assault
  • graffiti
  • excessive noise
  • drunk and disorderly conduct
  • throwing missiles
  • vehicle crime
  • prostitution

Will the court always grant an antisocial behaviour order?

The court will only grant an ASBO if the case is proved beyond all reasonable doubt. An ASBO will usually only be granted if the behaviour has been ongoing for at least six months. An ASBO can also be made after a person is convicted of a criminal offence that includes antisocial behaviour.

Breaking an ASBO is a criminal offence and a person can be prosecuted for this. If convicted the person can be imprisoned for up to five years, fined or both.

Acceptable behaviour contracts

An acceptable behaviour contract is not an alternative to an ASBO, but if it fails it can be used as evidence for an ASBO. An acceptable behaviour contract is a written agreement between a person involved in antisocial behaviour and:

  • the Housing Executive
  • a local council, or
  • the police

They are usually used with young people to try and stop any antisocial behaviour. Support should be offered to the person to help them deal with any underlying causes of the antisocial behaviour.

An acceptable behaviour contract is a voluntary agreement that will usually only last for six months. If it isn't followed it can lead to an application for an ASBO.

 
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