An Antisocial Behaviour Order (ASBO), which has been in use since 1999, is a court order applied for by local authorities, police forces and registered social landlords, they can be given out to children as young as ten years old. An application can be made under the Crime and Disorder Act 1998, section 1 (1) (Brayne & Carr 2005). They can not be applied for by the public, but people do get involved by collecting evidence and by helping to monitor breaches. ASBOs aim to protect the public from further antisocial behaviour from an individual rather than punish the person. They ban the individual from repeating the offending behaviour, or entering a set area and last for a minimum of two years, however, breaching an ASBO is a criminal offence and the punishment for this maybe a fine or even imprisonment (direct.gov 2001). The maximum sentence for breach by a juvenile is a detention and training order (DTO), which has a maximum term of 24 months, 12 months of which is custodial and 12 months is in the community. The DTO is available for 12 to 17 year olds (although a juvenile aged between 12 and 14 years must be a persistent (criminal offender to be given a DTO). Those aged 10 and 11 years old can be given a community order for breach of ASBO. It is well documented that the most common behaviour tackled by ASBOs is general loutish and unruly conduct such as verbal abuse, harassment, assault, graffiti and excessive noise. ASBOs have also been used to combat racial harassment, drunk and disorderly behaviour, throwing missiles, vehicle crime and prostitution. Many other problems, for instance the use of air guns, would also lend themselves to this approach. The wide range of anti-social behaviour that can be tackled by ASBOs and the ability to tailor the terms of the order to each specific case illustrates their flexibility (Home Office 2002).
Maguire et al (2002) states that is initially, there appeared to be some reluctance to use ASBOs, however, the most recently published information suggests that they are now being sought after with increasing regularity. In the first eighteen months of operation (April 1999 to September 2000), a total of 466 ASBOs were made and 18 were refused, just under three fifths (58 percent) were made against juveniles (Campbell 2002). The number of ASBOs given to young people aged between 10 and 17 has risen significantly, between June 2000 and December 2000 61 ASBOs were given out to juveniles, the number went up in 2001 to 185, in 2002 the figures continue to rise to as much as 239, 2003 seen 515 ASBOs given out to juveniles, 2004 seen a dramatic rise to 1077 and just last year in 2005, 1058 ASBOs were placed on young people. (Home Office 2006). These findings do suggest that maybe ASBOs are not working and that maybe there needs to be more work done into asking why so many ASBOs are being given out to young people.
The Home Office have produced a document, (Research Development & Statistics, ABS – A collection of published evidence, 2004), that asks “Why does antisocial behaviour happen?”
The report states that:
Many factors have been identified that, while they do not cause antisocial behaviour, do increase the risk of it happening. Four main areas have been identified:
Family environment
Risk factors include:
- poor parental discipline and supervision
- family conflict (between parents or between parents and children)
- family history of problem behaviour
- parental involvement/attitudes condoning problem behaviour
Schooling & educational attainment
Risk factors include:
- aggressive behaviour (e.g. bullying)
- lack of commitment to school
- school disorganisation
- school exclusion and truancy patterns
- low achievement at school
Community life / accommodation / employment
Risk factors include:
- community disorganisation and neglect
- the availability of drugs and alcohol
- lack of neighbourhood attachment
- growing up in a deprived area within low income families, high rates of unemployment and a high turnover of population
- areas where there are high levels of vandalism
Personal and individual factors
Risk factors include:
- alienation and lack of social commitment
- early involvement in problem behaviour
- attitudes that condone problem behaviour
- for young people, a high proportion of unsupervised time spent with peers and friends or peers involved in problem behaviour
- mental illness
- early involvement in the use of illegal drugs and crime
Millie et al (2005) suggests that ASB has a significant impact on the lives of a minority of people in Britain, particularly in areas of social deprivation and inner cities. But it has little or no effect on the quality of life of the majority of the population. However, according to Rutter et al (1998), the effect on the families and the young people who receive ASBOs can lead to significant negative affects, which include exclusion from school, eviction from their homes, losing contact with service providers, homelessness and becoming involved with the criminal justice system.
ASBOs focus on the negative, they are about prohibiting behaviour, courts can not use an ASBO to make young people do something positive, like attending counselling or an anger management course, they do the complete opposite, giving them status within their peer group and starting them on a rocky road. The authorities are not allowing young people the benefits of assessment and appropriate benefits of intervention, by pursuing the civil route all we end up with is a list of prohibitions. (White 2006)
To conclude, there is no evidence that ASBOs stop people from behaving antisocially. More than four in ten are breached and frequently those that are just merely move the problem on to another area. This is because at best they are a quick fix which fails to address the root cause of problem behaviour.
ASBOs are increasing the prison population, with people jailed for breaches of ASBOs even when the original offence would not carry a prison sentence. Around 10 young people a week are imprisoned this way. ASBOs can also result in the eviction of whole families from homes and communities causing problems in later life.
References
Brayne, H., & Broadbent, G. (2002). Legal materials for social workers, United States: Oxford University Press
Brayne, H., & Carr, C. (2005). Law for social workers, 9th edition, United States: Oxford University Press
Campbell, S. (2002). Homeoffice.gov.uk
Direct Government. (2001). Young People www.directgov.co.uk
Foot, M. (2006). The ASBO debate. Young People Now, (339), 17.
Hayward, R., and Sharp, C. (2003).Young people, crime and antisocial behaviour, London: TABS
Home Office. (2004). www.crimereduction.gov.uk
Maguire, M., Morgan, R. & Reiner R. (2002). The oxford handbook of criminology, 3rd edition, Oxford: Oxford University Press
Millie, A., Jacobson, J., McDonald, E. & Hough M. (2002). Antisocial behaviour strategies, finding a balance, Bristol: The policy press
White, P. (2006). The ASBO debate. Young People Now, (339), 17
Rutter, M., Giller, H. & Hagell, A. (1998). Antisocial behaviour and young people, United States: Cambridge University Press
