Punishment for antisocial behaviour
The punishments for antisocial behaviour can include civil injunctions, community protection notices CPN, and criminal behaviour orders CBO. These punishments replaced Antisocial Behaviour Orders in England, but ASBO’S are still issued in Scotland.
Antisocial behaviour includes:
- Playing loud music at night
- Vandalism and graffiti
- Drunken or threatening behaviour
- Persistent aggressive behaviour in public
The CBO order aims to tackle the most persistent and reoccurring offenders, when behaviour has brought them before a criminal court.
The court will issue a CBO when;
- The court is satisfied that the offender has engaged in behaviour that caused or was likely to cause harassment, alarm, or distress to another person
- Court considers that making the order will prevent the offender from engaging in behaviour
How long CBOs last depends on the offender’s age. If under 18; A CBO can last between 12 months and 3 years. If over 18, there is no maximum amount of time- a CBO is reviewed every year and can be either stopped or extended. The order takes effect on the same day it has been made, in most circumstances.
CBO’s can also be made for:
- Domestic Violence: in some circumstances it is applicable to use CBO’s for domestic violence cases.
- Hate Crime: When antisocial behaviour is targeted at particular individuals, due to any personal characteristics is hate crime. Hate crime includes; racially or religiously aggravated crime, homophobic and transphobic crime, and disability hate crime. Hate crime can escalate and have a negative impact on the cohesion and integration of communities if not dealt with accordingly. Incidents can range from harassment, abusive language, criminal damage or damage to property, threats, and physical violence.
- Gang Related Crime: CBO’s can disrupt gang offending, by enforcing non-association, curfews, exclusion zones, the wearing of non-hooded clothing, possession of unregistered mobile phones, and contributions websites
- Social Media Abuse: CBO’s can be used for category 1 or 2 social media abuse cases
Requirements included in the order:
A CBO may prohibit the offender from doing anything described in the order, and/or require the offender to do anything described in the order. There are prohibitions and requirements to follow in CBO’s- however they will not interfere with working hours, school or any other educational establishment, or any court orders or injunctions.
The court decides whether the CBO is proportionate and reasonable, and how to tackle the underlying cause of the anti-social behaviour. CBO’s are tailored to the specific needs of each offender.
It is the duty of the person listed in the CBO to make necessary arrangements in connection with the requirements and prohibitions. Failure to do so will result in a breach of CBO’s. A breach is made if an offender does anything he or she is prohibited from doing so, or fails to do anything required to do in a CBO.
If an offender fails to follow the rules of CBO, the punishment is as follows:
- Up to 2 years in a detention centre for those under 18
- Up to 5 years in prison or an unlimited fine (or both) if over 18
Youths and CBOS:
Public interest applies equally to adults and youths. Public interest factors must be balanced against the principles set out in legal guidance for youth offenders. When a youth breaches a CBO, a youth caution may be appropriate. CPS guidance on Youth Offenders states youth cautions intend to provide proportionate and effective response to offending behaviour. If prosecution takes place, the appropriate venue will be Youth Court.
The Anti-social Behaviour, Crime and Policing Act 2014 is designed to give victims and communities a say in the way complaints of anti-social behaviour is dealt with, ensuring that victims are heard. The ASB Case Review gives victims of persistent anti-social behaviour the ability to demand a formal case review. The Community Remedy gives victims a say in the out of court punishment of perpetrators of anti-social behaviour, when a conditional caution is chosen as the appropriate response.
Kara Frith, our head of criminal law comments; If there is an application to make you subject to a CBO, if you are seeking to vary the terms of a current order or applying to discharge the order then we can assist you at every stage. These are onerous orders which have significant impact on everyday life and should not be unchallenged. If you require assistance, call me directly on 0113 200 7438 or alternatively email kara.frith@harrisonbundey.co.uk
