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Anti-Social Behaviour Orders

What is an Anti-Social Behaviour Order?

The Crime and Disorder Act 1998 introduced Anti-Social Behaviour Orders (ASBO's) which came into effect on 1 April 1999. These orders are intended for use to tackle serious anti-social behaviour which is causing or could cause considerable alarm and distress within a community, but may not be sufficiently clear cut for prosecution as a criminal offence.

Who can ASBO be awarded against?

ASBO's can be made against any individual aged 16 or over. They cannot be made against families or groups of people. A separate order will need to be sought against each individual involved in anti-social behaviour.

Does it apply only to Council tenants?

No, ASBO's can be made against people from all types of rented accommodation. They also apply to owner occupiers.

Who can apply for an ASBO?

Only local authorities. Aberdeenshire Council having consulted with Grampian Police will decide whether or not it is appropriate to apply for an ASBO. Application is made to the Sheriff Court.

Will Aberdeenshire Council automatically apply for an ASBO?

Before the Council will consider an application for an ASBO it must be satisfied all other possible steps have been taken or looked at to resolve the problem. These may include:

  • Discussions being held between the parties in dispute
  • Mediation is attempted
  • Warning letters are issued
  • Other legal actions and non legal actions or remedies, for example, acceptable behaviour contracts or Interdicts should be pursued
  • Police involvement
  • Statements from witnesses
  • Involvement of other services and agencies such as top of pageEnvironmental Health

What type of behaviour would the Council consider appropriate for seeking an ASBO?

The following list gives examples of behaviour where an ASBO may be sought:

  • Racial harassment
  • Drug Dealing
  • Unprovoked assault
  • Threatening abusive behaviour
  • Serious disturbance
  • Persistent or serious vandalism or damage
  • These may also be potential grounds for criminal action, especially in severe cases. In such circumstances the police are likely to be contacted to consider taking criminal top of pageproceedings.

Who can refer situations to the Council to consider seeking an ASBO?

Any landlord, tenant or owner occupier can contact the Council's Housing or Law and Administration Services to make initial enquiries about the possible application for an ASBO.

Initial advice and guidance will be given on the evidence and information required and what Service or body should be contacted for future enquiries.

What is the position for Council tenants?

Tenants of Aberdeenshire Council should report all incidents of anti-social behaviour to their local housing office. The staff will gather all the necessary evidence to establish if an ASBO could be appropriate or decide what other course of action is required.

What do I do if I am a tenant of a private landlord or housing association ?

Tenants of other landlords should report complaints to their own landlord, who should follow their own procedures and policy for dealing with complaints. Where appropriate an application can then be made to the Council's Law and Administration Service requesting an ASBO be considered.

top of pageAnd if I am an Owner-Occupier?

Owner occupiers will have to show that they have taken all reasonable and available steps to resolve the problem before consideration is given to applying for an ASBO. Applications are made to the Council's Law and Administration Service.

What evidence does the Council require?

The Council will need confirmation that all possible steps have been taken to resolve the problem in relation to appropriate policies and procedures. The following is required:

  • A summary of the case history including detailed incidents and supporting evidence
  • Statements taken from witnesses
  • Evidence gathered by other agencies involved
  • Police involvement including dates and details of complaints made
  • Details of any legal actions pursued
  • top of page Any other evidence e.g. photographic or video

What happens if the Council is satisfied that an ASBO should be sought?

The Law and Administration Service having liaised with the police will apply for an order through a summary action to the Sheriff.

Will the offender be informed?

A copy of the Application made to the Court must be served on the Offender. This will advise him/her of the reasons why the Order is being sought. The Offender will also be advised that they should attend the Court or be legally represented, and of penalties for any breach of an Order which may be granted against the Offender.

Will I be kept informed?

Yes, the Council will keep any complainant and witnesses fully informed of progress including the Court's decision.

top of pageWho decides?

The Sheriff will make the decision on granting and the terms of an ASBO based upon the evidence provided.

If an ASBO is awarded how long will it last?

The length of time will be stipulated within the Order and can be for an indefinite period.

What happens if there is a breach of an ASBO?

The ASBO will be specific about the acts which the offender is prohibited from carrying out. Any breach should be referred to the Police to take appropriate action and the Council advised.

Breaches of an ASBO are a criminal offence and are punishable by top of pagefine and / or imprisonment of up to 5 years.