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The contract will specify a list of anti-social acts in which
the person has been involved and which they agree not to
continue. Legal action in the form of an Anti-Social
Behaviour Order or possession order (if the young person
is in social housing) should be stated on the contract
where this is the potential consequence of a breach. The
threat of legal action is intended to provide an incentive to
ensure that the contract is adhered to.
www.encams.org
What can individuals do
Applications for ASBOs and ABCs can only be brought by
a local agency whose duty it is to prevent such behaviour
(e.g. the police, Registered Social Landlords, local
authorities etc.). Individuals should therefore approach an
appropriate agency with any complaint they have of antisocial
behaviour in their area.
What if an ASBO is breached
Whilst ASBOs are civil orders, breach of an order is a
criminal offence, which is arrestable and recordable. The
standard of proof is the criminal standard ‘beyond
reasonable doubt’. The maximum penalty on conviction in
the Magistrates’ Court is six months in prison or a fine
not exceeding £5,000 or both. At the Crown Court the
maximum penalty is five years in prison or a fine or both.
A conditional discharge is not available to the court.
ANTI-SOCIAL
BEHAVIOUR
The maximum sentence for breach by a juvenile is a
detention and training order, which has a maximum term
of 24 months – 12 months of which is custodial and 12
months in the community. A 10-11 year old can be given a
community order for breach of an ASBO.
What if an ABC is breached
The action taken should be determined by the nature of
the breach. A structured approach can be taken to
breaches, leading to legal action (in the form of an Anti-
Social Behaviour Order or possession order) if the
behaviour does not cease. Such a structured approach
may involve:
• Verbal warnings;
• Written warnings (however this assumes a good level
of literacy and visits maybe more appropriate);
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