What is an ASBO (Antisocial Behavior Order)?
Updated on Wednesday 13th January 2021
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The Antisocial Behavior Order (ASBO) refers to the order or the restriction for individuals with particular behaviors that usually are not accepted in public. The Court of Law is in charge of issuing this kind of order, and there are certain conditions you should consider when dealing with such restriction order. Our criminal defence solicitors in London are able to offer detailed information and legal assistance if you find yourself in this situation.
What you need to know about an ASBO
The meaning of an ASBO granted by the Court of Law is to protect the people from a person’s unusual behavior, attitude or wrongdoings, no matter if it took place on the streets or at home. It is good to know that many individuals who received an ASBO are not aware of this kind of restriction. The Court can search and analyze the criminal background and the evidence of a person before it releases the ASBO, after certain complaints in this matter, usually made by individuals or groups of individuals.
Another purpose of an ASBO is to improve the social comportment or to get rid of the anti-social behavior, with the help of special programmes available in the community. This kind of order won’t be registered into the criminal record, but if you are dealing with certain offences while having an ASBO, the police can arrest you right away. In case the individual cannot agree with the terms of an ASBO or with the ASBO itself, he has the right to deny it and to solicit help and legal assistance from our criminal lawyers in London.
Who can receive an ASBO?
As mentioned above, an ASBO can be granted for about two years for all persons with anti-social and inappropriate behavior, and especially for the following offences or misconducts:
- smoke under the permitted age
- drink under the permitted age;
- inappropriate language;
- racial suppositions that can harm somebody;
- property destruction;
- vehicle destruction;
- aggressive behavior.
It is good to know that you have the possibility to appeal the ASBO and to be represented in the Court of Law by one of our criminal defence solicitors in London.
What happens if you break the rules of an ASBO in the UK?
Breaching an ASBO in the UK means dealing once again with the law by committing an offence. An individual who has breached the conditions of an anti-social behavior order in the UK can be sent back to the court of law and if found guilty, he can be sent to prison for a maximum of 5 years. As for the teenagers who do not respect the conditions of an ASBO, they can be subject to charges or can get community sentences. A detention and training order can be imposed for children over the age of 12 who will be supervised by an officer in charge of his case.
ASBO has been replaced
The Antisocial Behavior Order or ASBO has been replaced with the CPN (Criminal Behavior Order), civil injunctions, and CBO (Criminal Behavior Order). Playing loud music at night, drunken and threatening behavior, vandalism and graffiti are antisocial behaviors for which you can be punished. One should note that the CBO is mostly issued for persons who were convicted of a crime. Moreover, CBOs can be issued for minors of 10 years of age while the CPN for teenagers of 16 years of age or more. Persons who do not respect specific rules that come with CPNs or CBOs can be punished even more:
- One must improve behavior and join specific support groups.
- Some might need to stay away from places and people.
- Persons with CBOs or CPNs will have to fix the property damage if involved in such matters.
If you would like to know more about the Antisocial Behavior Order in UK, please feel free to discuss it with one of our criminal defence solicitors in London. We can represent minors who received such orders, and we can discuss all the details with parents or tutors.
Duration of civil conjunctions, CBOs and CPNs
As mentioned above, ASBO has been replaced with civil conjunctions, CPNs, and CBOs. The court of law issues such orders and also settles the validity of such orders. For instance, there is no maximum amount of time for CPNs, while civil conjunction can last for up to one year. In the case of CBOs, these can last between 1 and 3 years, depending on the age of the offender. Minors under 18 years of age can receive 3-month detention punishment if they do not respect the civil conjunctions imposed. In the case of individuals over 18 years of age, punishments up to 2 years of prison can be issued.
In the case of not respecting the CBOs, offenders can go to prison for up to 5 years, in the case of persons over 18 years of age. If you find yourself in this difficult position, you should get in touch with one of our specialists. One of our criminal defence solicitors in London will represent you from the start.
Will I have a criminal record if I receive a court order?
No, an ASBO, currently known as civil conjunctions, CPNs or CBOs won’t open a criminal record, yet, if you do not respect the rules, things will change. Breaking the terms of a court order allows the police to arrest you and force you to pay fines, these aspects leading to a criminal record. Please discuss all the details with one of our specialists who can represent you at the police or in the court of law.
Interim ASBOs or interim civil conjunctions, CPNs, and CBOs are temporary and issued for a specific period of time. This kind of order is issued by the court before the final decision, and that to punish the individual right from the start if he/she is causing severe problems. If you receive such an order, we suggest you discuss it with our defence solicitors in London ad see how they can help you.
Cancelation of court orders
Civil conjunctions, CPNs, and CBOs that replaced the antisocial behavior order can be appealed in the court of law. These can be changed or revoked, if the magistrate or the local council considers so and if the individual is not seen as a public threat.
It is important to note that persons diagnosed with a serious illness or even behavioral problems might be exempt from a court order. These are special cases attentively measured and analyzed by the authorities in charge. Nevertheless, it is best to talk to a specialist and see how you can be represented. Also, parents and tutors need to ask for the support of a defence lawyer in London and see what an Antisocial Behavior Order means.
Applying for an ASBO. Is this possible?
Yes, if you believe that a particular person might represent a threat to your community, you can consider applying for an ASBO, the order that has been replaced now by civil conjunctions, CPNs and CBOs. However, you cannot apply in person for a court order because you will have to discuss it with a registered social landlord or a council. All you can do is to report an inappropriate behavior and let the authorities take action. Here are some facts and figures about crimes in UK:
- According to the Office for National Statistics, the total police recorded crimes declined by 4% during June 2019 – June 2020.
- A 9% decrease was recorded in the same period for offences involving firearms.
- Around 759,000 domestic abuse-related offences have been registered during March 2019 – March 2020.
We remind you that our criminal defence lawyers in UK can represent you if you received an Antisocial Behavior Order. Additional information or extra details about the ASBO can be obtained from our team of solicitors in London, so please feel free to get in touch with us.