Anti- Social Behaviour Order

ANTI SOCIAL BEHAVIOUR ORDER

What is an Anti-Social Behaviour Order?

An anti-social behaviour order is simply a mechanism whereby the law seeks to stop a person from behaving in a way, which is causing very serious distress to a community or to some person in that community.

An unfortunate reflection of our times is the increase in Anti Social Behaviour. With changes in society we have seen a rapid growth in disruptive and intimidatory tactics by gangs in our communities. I have been spearheading the campaign for the introduction of ASBO’s to combat the rise in antisocial behaviour problems in our communities by a very small section of our society

I have numerous cases of homes being targeted by unruly youths, particularly elderly people living on their own. I have been to the fore in making submissions on the reform of the Juvenile Justice Legislation. Having seen first hand countless examples of the destruction and devastation caused to families I fully support the introduction of Anti Social Behaviour Orders.

My conviction on the need for such a system was such that on the May Bank Holiday weekend I travelled to Leicester, England to examine the introduction of their curfew system and it’s consequences. My proposal was aimed at a small percentage of repeat offenders who terrorise our neighbourhoods. As part of a community policing approach an individual or location would have a curfew placed on them preventing anti-social behaviour by those few individuals or at that location. I believe that a more all around approach is needed whereby support systems are placed in the community.

Among the proposals that I put forward were the following:

Community police – extra Gardai
Investment in education – address disadvantage
Funding for sports and community facilities
Imposition of curfew on ring leaders and on trouble spots
Parental supports and education

These proposals formed part of the review of youth justice and as a result the Minister for Justice recently announced the amendments that he would be putting before cabinet.

The Criminal Justice Bill will be amended to include ASBO’s
The definition of anti-social behaviour is not the definition used in the UK but one, which is designed to ensure that the orders are used to meet the real and serious needs of our communities.
Only the Gardai can make an application to Court for an ASBO’s and the applying Garda will have to be at least of the rank of Superintendent.
Strict Garda Guidelines on the appropriate use of anti-social behaviour orders will be drawn up by the Commissioner, approved by the Minister and laid before both Houses of the Oireachtas before the new powers can be deployed.
To emphasise that an application to Court for an ASBO is to be a last resort, there will be a duty to formally caution respondents to cease the offending behaviour.
Guidelines to the Courts will be provided in the legislation on consideration to apply to the issue of orders. These guidelines will highlight the importance of principals such as the principles of minimum interference, the reasonableness of the complaint, the likelihood of recurrence and the number of occasions on which it is alleged to have occurred.
The court will be able to grant legal aid to respondents in appropriate cases.
The duration of the orders will be for a maximum of two years as opposed to a minimum of two years in the UK.
Penalties for breach will be considerably less than in the UK, with a maximum possibility of six months imprisonment.
ASBO’s do not criminalise young people unless they choose to repeat their behaviour. The Juvenile Liaison Officer scheme, which has been in operation for many years and is acknowledged as a major success, operates on this principle for young people.

ASBO’s and Children

The provisions are being integrated into the Children Act.
Before an application for an ASBO can be contemplated a series of steps much first be put in place.
Accordingly a child who is behaving in an anti-social way must first be given a series of “street warning”.
If the behaviour continues the child and his/her parents will be invited to a meeting with the local Superintendent who will draw up a “Good Behaviour Contract” to be signed by parents and child.
The behaviour of the child will then be monitored locally and if necessary the contract can be renewed.
If the child continues to behave in an anti-social way he/she will be referred to the Garda Diversion Programme.
It is only if a problem remains after all these steps that the issue of an application to the Courts for an ASBO will arise.
Needless to say the parents as well as the child will be obliged to turn up in court.
It should be noted that even after this process if a child breaches an order, it is only then that the commission of an offence is involved and all the provisions of the Children Act, including the possibility of a second admission to the Garda Diversion Programme come into play.

Good Behaviour Orders for U 14s

The approach will be similar to that for the older age groups. All the preliminary steps will have to be taken so that an application for an order is a last resort.
However the terms of the order will be different in that the Court will be empowered also to bind the parents over to ensure the child stops his/her offending behaviour.
The Court can also seek to address the issues which arise for parents who lack the basic skills to deal with the child by making it a condition of the binding over order that the parents undertake a parenting course or engage with an appropriate authority or agency or undergo treatment to deal with addiction problems which might be at issue.
If the order fails the Court will warn the parents that breach will render the child subject to a criminal prosecution and thereafter all the provisions of the Children Act will come into play, including the possibility of a further admission to the Diversion Programme.

Myths

ASBOs do not criminalise people. ASBOs are a civil order granted on the balance of probabilities. They act in the same way as civil injunctions. It is already an offence under our law to breach a civil injunction - punishable as contempt. No citizen will be the subject of a criminal prosecution arising out of an ASBO unless they have:

Unlawfully interfered in a serious way with the rights of others
Ignored warning to desist
Been summoned before a civil sitting of the District Court on the application of a Garda Superintendent
Been made the subject of an ASBO after being given the opportunity of a hearing by a District Judge
Breached the civil order after it is made

- Gardai will not issue ASBOs. Only a District Court Judge will be entitled to make an ASBO after affording the respondent a right to be heard. Only a Garda Superintendent will be allowed to apply for an ASBO, and then only after a caution.

- ASBOs will not be targeted at young people in particular. They will be available in relation to adults and special protective procedures will apply to persons under the age of 18.

- ASBOs are not targeted at the poor or marginalised. They are, on the contrary, intended to protect the defenceless. The greatest benefit of ASBOs will be for those people and communities who lack the resources and courage to stand up for their rights by private legal proceedings and remedies.

- ASBOs will not be a cranks' charter. Only a senior Garda officer can apply for an ASBO. And only an independent judge can make it. And no offence can happen unless a person having ignored a warning to desist from seriously infringing the rights of others, having been given the right to be heard by a judge, and having had an order made, then deliberately breaches the order.

- Publicity there is a general belief that ASBOs for children will be publicised as they are in the UK. The Minister does not intend to go that route. Instead he is proposing that anti-social behaviour orders in relation to children will be subject to the restrictions of the Children Act in relation to publicity, unless and to the extent required to give effect to the order.

As with any system there should be a right to appeal and the proposals announced by the Minister allow for just that. There will be a right of appeal from the District Court to the Circuit Court against the making of an ASBO. It is regrettable that we need such a system in our society but the right to live in a peaceful and safe environment is entitlement of everyone. No longer can we tolerate this minority disrupting and terrorising the lives of those who are the most vulnerable amongst us.