Tools and Powers to Tackle Anti Social Behaviour
Under Section 1 of the Crime and Disorder Act, 1998 a new community-based approach was created aimed at tackling persistent anti-social behaviour, which may not be in itself criminal but is of a near criminal nature. The following tools and powers are available to us as part of this approach:
- Acceptable Behaviour Contract (ABC)
An ABC is a personal, written contract between the Police, another social organisation and the perpetrator of anti-social behaviour (and a parent or carer if under 18). The conditions in the contract must be fair, realistic, clearly related to the conduct of the individual and proportionate in response to the behaviour evidenced. There is no law governing ABCs, they are non-statutory documents.
- Anti-Social Behaviour Order (ASBO)
An ASBO is a legally enforceable order issued by the Magistrates or County Court, or by the criminal Court as part of its sentencing of a person convicted of a criminal offence. The intention of an ASBO is to target persistent anti-social activities, which ruin the lives of individuals, families or communities and which cannot effectively be tackled by other measures.
This refers to the dispersal of groups and the removal of persons aged under 16 to their place of residence. The legislation gives the Police the power to designate an area from which it is possible to disperse two or more people who the Police believe have committed or are likely to commit anti-social behaviour.
The Anti-Social Behaviour Act includes powers to close certain premises if:
They have been used in connection with the unlawful use, production or supply of a Class A drug.
The use of the premises is associated with the occurrence of disorder or serious nuisance to members of the public.