Enforcement

ASBOs

ASBOs (Anti-Social Behaviour Orders) can be applied for when evidence against the individual is not necessarily criminal but is anti-social. The case is presented at The Magistrates Court whilst they are acting in a civil capacity. A complaint can only be laid up to 6 months after the matter of complaint arose. At least one incident, which led to the complaint being made, has to be less than 6 months old. Other incidents outside this time limit can be used to show a course of conduct.

If granted, the Anti-Social Behaviour Order will last for a minimum of two years. The individual subject of the ASBO will have a set of prohibitions unique to the case to prevent the anti-social behaviour re-occurring and protect the community from such acts. If an individual breaches any of these prohibitions it then becomes a criminal matter and is dealt with as such by the courts. A breach is an arrestable offence and carries up to a 5-year custodial sentence.

CRASBOs

These are Anti Social Behaviour Orders made on conviction. The order is made at the time of sentencing and should not be adjourned and dealt with separately from the sentencing. The prosecutor or the Court, on its own volition, can request that a CRASBO be made. The CRASBO can be made in addition to a sentence or a conditional discharge. CRASBO's can also be made in County Court hearings for civil offences. The individual subject of the CRASBO will have a set of prohibitions unique to the case to prevent the anti-social behaviour re-occurring and protect the community from such acts. If an individual breaches any of these prohibitions it then becomes a criminal matter and is dealt with as such by the courts. A breach is an arrestable offence and carries up to a 5-year custodial sentence. There is no difference in the result of an Anti-Social Behaviour Order (ASBO) and an Anti-Social Behaviour Order on conviction (CRASBO). The only difference is the method in obtaining them.Both are civil orders and evidence is presented according to civil procedures. However, the burden of proof is the criminal standard, "beyond all reasonable doubt". Civil evidence can provide greater protection to witnesses who are willing to give information to the Police, than witnesses giving evidence for criminal proceedings. Civil procedures allow a Professional Witness to give evidence on behalf of a witness who has refused to attend court through fear or intimidation. The Professional Witness (Police Officer/ Housing Officer etc) can give hearsay evidence incorporating that witness's evidence to protect and prevent them from being identified. Where a witness may refuse to give evidence criminally but provides details of what they have seen or heard to a Professional Witness, the court can hear this evidence when acting in a civil capacity.

Interim ASBO

These are Anti-Social Behaviour Orders that can be made before the full order. They are fixed for a set period until the ASBO/CRASBO is made; the full order then takes precedence.

Acceptable Behaviour Contracts (ABCs)

ABCs are written agreements between an individual and the Council. The agreement generally lasts for 6 months and lists a set of prohibitions tailored to prevent the individual from committing further anti-social acts. The agreement is not legally binding but can be used as evidence in ASBO proceedings. This shows that intervention has been provided and the individual understands that certain aspects of their behaviour are prohibited. In most cases ABC's notify an individual that their behaviour will not be tolerated and if breached ASBO proceedings will be considered by the Council.

Premises Closure Orders

Premises closure orders commenced on 1st December 2008. The order is designed to tackle serious and persistent forms of anti-social behaviour. This includes excessive noise and rowdy behaviour related to frequent drunken parties or high numbers of people entering and leaving a property at all times of the day or night. It can also be used where anti-social residents are intimidating and threatening their neighbours and criminal families are running illegal business from their properties. It is an order of last resort to be used only when all other options have been tried and failed to work. Significantly, it is tenure neutral so it can be used to closure homes that are privately owned.

Dispersal Orders

Areas can be designated as "dispersal zones" under the Anti-Social Behaviour Act 2003. The new powers from the Anti-Social Behaviour Act 2003 enable police and local authorities (Gedling Borough Council) to work together and identify particular problem areas that need targeted action to help local communities to remove intimidation and anti-social behaviour from the streets. Setting up a Dispersal Order: -

A Senior Police Office designates an area with local authority agreement, where there is persistent anti-social behaviour & problems with groups causing intimidation. Once the designated area has been agreed the Police & local authority must publish the fact in a local newspaper & through notices in the area and it can be designated for up to 6 months. In these areas the Police & community support officers have the power to disperse groups where their presence or behaviour has resulted, or is likely to result in a member of the public being harassed, intimidated, alarmed or distressed. The individuals can be excluded from a specified area for up to 24 hours. The group does not commit an offence because an officer has chosen to use this power - the offence is committed if the group refuse to follow an officers directions and disperse. There are also powers in designated areas for police & community support officers to take children home after 9pm at night if they are not under the control of an adult. This is a discretionary power; it is not a curfew and does not require the police to act in relation to every child out at that time.

There are currently no Dispersal Orders running within Gedling Borough.