The effectiveness of anti-social behavioural orders Essay

The effectiveness of anti-social behavioural orders - Essay Example The paper shall also address the concerns and challenges that ASBOs presents to law enforcement professionals and looks at possible improvements, if any that could be made to improve the effectiveness of these orders. As a prelude to the analysis, it may be imperative to understand the nature and scope of ASBOs. Introduced under the Crime and Disorder Act, 1998, ASBOs are designed to deal with anti-social behaviour perpetrated by individuals aged 10 years or above. An application for an ASBO may be made where it is alleged that a person or persons have acted "in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household"4 and includes a range of behaviour that put people in fear of crime. According to the U.K. Home Office, anti-social behaviour includes a range of problems, some examples5 being: An ASBO is essentially a civil order; however breach of the order re... The misuse of fireworks An ASBO is essentially a civil order; however breach of the order results in criminal proceedings and sanctions, including fine and imprisonment up to five years for adults. ASBOs are available to police and local authorities, as well as registered social landlords and British Transport Police (introduced by Police Reform Act, 2002) but not to members of the general public. Thus, police and local authorities can apply to a magistrates' court for an order to prohibit an individual from causing harassment, alarm or distress in a particular area. The ASBOs are community-based orders involving local people in the collection of evidence and in helping to monitor breaches. Lindsay Clarke explains that since ASBOs are accorded civil status, enabling both hearsay as well as professional witness evidence in ASBO applications, makes them more effective in protecting both the victims of anti-social behaviour as well as those reporting the behaviour.6 It is significant to note that while ASBOs were introduced as a fulfilment of the New Labour's undertaking in their 1997 election manifesto to create "community safety orders [that] will deal with threatening and disruptive criminal neighbours,"7 prior to it injunctions were used to deal with such behaviour8 under such legislations as Protection from Harassment Act 1997, Housing Act 1996, Environmental Protection Act 1990. The ASBOs are not intended to replace any existing legislation; they are seen as complementary measures available to the police and the local authority to combat anti-social behaviour. ASBOs essentially operate on the on the same principle as an injunction - prohibiting the offender from specific anti-social acts or entering defined areas through civil