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The Act

The Antisocial Behaviour etc. (Scotland) Act 2004 was passed by the Scottish Parliament on 17th June 2004 and received Royal Assent on 26th July, which means that it is now part of the law of Scotland.

The Act extended existing legislation and introduced a number of new powers and measures to deal with antisocial behaviour, including:

  • Improved laws on Antisocial Behaviour Orders (ASBOs) so that they are now available for young people aged 12 to 15
  • Interim ASBOs can also now be granted in relation to under 16’s
  • New statutory power of arrest for breach of an ASBO
  • Improved power to issue fixed penalty notices for litter and fly-tipping
  • New power for Councils to issue a notice for the removal of graffiti from certain items of street furniture
  • Power to disperse groups of people where they have been behaving in a persistent, antisocial manner
  • Power for the courts and the police to close premises that are a constant focus of antisocial behaviour
  • Power for Children’s Hearings to make a ‘Parenting Order’ to address the behaviour of parents who deliberately or recklessly fail their child or children on a number of occasions.
  • Power for agencies to provide intensive support and monitoring for serious and persistent offenders who meet the criteria for secure accommodation
  • Extension of Restriction of Liberty Orders to young people aged 12 to 15 years
  • New ban on the sale of spray paint to under 16’s.

Partner organisations will continue to work together to develop policies and protocols to regulate the use of these new powers in Aberdeenshire. Partner organisations have developed an ASBO policy for Aberdeenshire, which is available from Aberdeenshire Council on request.