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ANTI SOCIAL BEHAVIOUR ORDERS

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					A   NTI           SOCIAL BEHAVIOUR ORDERS

                                          FINAL PROTOCOL


                                    WEST SOMERSET
        CRIME AND DISORDER REDUCTION
                                         PARTNERSHIP
West Somerset Crime and Disorder Reduction Partnership has been formed as
a consequence of the Crime and Disorder Act 1998, charged with the responsibility
of undertaking the process of developing and delivering a strategy to tackle
community safety issues. The Partnership consists of two lead partners, Avon &
Somerset Constabulary and West Somerset District Council with supporting partners
including Somerset Probation Service, Somerset Health Authority, Somerset County
Council, YOT, Drug Action Team, Somerset Racial Equality Council, Somerset Fire
Service and Somerset Youth Service. The protocol must be read in the context of the
Partnership working together and with other agencies, the business sector and local
communities to address these issues in West Somerset.



Approved by

  Tim Howes           Derek Walsh
…………………………………………… ………………………………………………………..
Tim Howes, Chief Executive                          Chief Superintendent Derek Walsh
West Somerset District Council                      Avon and Somerset Constabulary


                                                                                       January 2002



S:\Crime & Disorder – Anti Social Behaviour Order
Anti Social Behaviour Orders
1. Introduction
The Crime and Disorder Act 1998 introduced the power of Anti Social Behaviour Orders (ASBO) from
1st April 1999 and is a community-based order akin to an injunction. The power is available to the police
or local authority and is used against an individual who acts in an anti social manner. This protocol must
be read in conjunction with legislation and Home Office guidance that was issued on 22nd March 1999.

2. Before an ASBO
Agencies will be committed to working together in such a way as to deal with the behaviour without the
use of an ASBO. An ASBO should only be used after other methods of resolving persistent anti-social
behaviour have been tried and have failed, or when such methods to prevent further misbehaviour have
been considered but deemed either inappropriate or less effective than an order. When dealing with
young people up to the age of eighteen it should be proposed as the first resort, that a non-legally
binding contract between the perpetrator, his/her family and partner agencies is set up, known as an
Acceptable Behaviour Contract. Other remedies could include mediation or statutory powers such as
the Public Order Act 1986, Housing Act 1996 and Environmental Protection Act 1990. Whenever young
people are causing anti social behaviour, the relevant agency and in particular the Youth Offending
Team must be consulted at the earliest opportunity before any official action is taken.

3. What kind of behaviour ?
The act refers to a person aged 10 years or over who has acted in an ‘anti social manner’ which has
caused or is likely to cause harassment, alarm or distress, to one or more persons not of the same
household as himself/herself. Ultimately it will be a matter for Magistrates to decide but a possible
definition of anti social behaviour could be:-
         ‘an act or series of acts, the effects of which are likely to cause, whether maliciously
          or otherwise, a restriction of personal freedom and anguish’
The type of behaviour envisaged for an ASBO must be serious and/or persistent. It includes racial
harassment and homophobic behaviour.

4. Dealing with a complaint
A complaint of anti social behaviour may come to the attention of the police or virtually any member/
officer of West Somerset District Council. Where a complaint is received, then it will be subject to the
normal arrangements for investigation that apply in that agency. Although in the majority of cases, the
resolution of the problem will not involve the use of ASBO, an awareness of the power and who should
initially be contacted for discussion must be clear. The WSDC Community Safety Officer and on behalf
of the Partnership (01984 635334) will undertake the role of receiving the request for advice/assistance.

5. Roles and application for an order
Whilst either the Police or the Local Authority may apply for an ASBO it is agreed between the parties
that the Local Authority (through the community safety officer who will instruct a legal services officer as
appropriate) will make the application to the court for the order. Under the present legislation, the Chief
Executive has direct responsibility on behalf of the local authority on crime and disorder issues and will
be kept informed and/or involved throughout the process. The Police will provide the necessary
evidence and attend court as witnesses as appropriate. Before an ASBO application can be sought, a
case conference will always be required. The decision to pursue an ASBO and the timescale involved
will be made by the Police and the Local Authority, if necessary against the wishes of any of the other
agencies involved, if the behaviour is deemed to justify immediate action to protect the welfare of the
larger community.


S:\Crime & Disorder – Anti Social Behaviour Order
6. Case conference
In West Somerset a case conference (to talk about an individual) will be called where an ASBO is being
considered and will be convened by the Community Safety Officer when requested by either the Police
or other colleagues in the District Council and invitations to appropriate bodies (Social Services,
Probation Service, etc), will be arranged either by the police or local authority. Representation at the
case conference must be at an appropriate level to enable a decision to be made and where an agency
is providing evidence to be used in proceedings, a senior officer will take responsibility for the quality of
that evidence. A case conference must consider:-
          the nature of the alleged behaviour and any contextual information
          the effect that the behaviour is having upon victim(s)
          action already taken to deal with the behaviour
          an action plan to be drawn up at the end of every case conference

The purpose of the case conference is to ensure that all relevant agencies are aware of the problem
and if possible agree on the way forward. It also ensures that any application for an ASBO does not
conflict with any other action already being pursued by any other agency. The use or non-use of an
ASBO should be a conscious decision and accompanied by rationale. Magistrates are unlikely to grant
on Order where the police and local authority are not in full agreement. The minute of the meeting will
set out all decisions, actions agreed and detail any issues relating to the Human Rights legislation.

The agency receiving the original complaint will advise the complainants of the decision. Where an
application for an ASBO is agreed, the relevant Sector Inspector will draft and send a letter to the
offender or appropriate adult on behalf of the Partnership. This warning letter will indicate the course of
action that is proposed as a consequence of their anti social behaviour and can be used for as further
evidence of action taken to abate the behaviour. Any application must be brought within 6 months of
the last act complained of, although reliance on earlier acts to establish that the ASBO is necessary to
prevent further anti social behaviour can be made and the lead officer for the Police (Sector Inspector)
should complete a certificate of consultation.

7. Actions after obtaining an ASBO
 Legal representative will advise all agencies that attended case conference of the outcome
 Police will serve the Order and explain it to the individual
 Other interested parties may be advised, eg. complainants, councillors, relevant voluntary agencies
 Witnesses and complainants advised to contact police if further occurrence of anti social behaviour

8. Review of individual Orders
Through further case conference convened by Community Safety Officer if it seems prudent to do so
and can be called 3 months prior to ASBO expiry date.

9. Monitoring ASBO action
Home Office guidance (paragraph 3.7) indicates monitoring required to be led by Community Safety
Officer and includes cost of ASBO set against benefits to community/victims and will be reported to the
Partnership on an annual basis.

10. Breach of ASBO
Any breach is an arrestable offence and prosecution for any breach will be conducted by the CPS.

11. Documentation
Attached hereto is:          1. Application for an ASBO      2. Certificate of Consultation


S:\Crime & Disorder – Anti Social Behaviour Order
     REQUEST FOR APPLICATION FOR ANTI SOCIAL BEHAVIOUR ORDER


From: ………………………………………………………………..

To: ……………………………………………………………………

We ask you to consider making an application to West Somerset Magistrates Court for an Anti Social
Behaviour Order in respect of the following person:



Name:                        ………………………………………………………………………… Sex: M/F

Address:                     ……………………………………………………………………………………….

                             ……………………………………………………………………………………….

Date of Birth:               …………………………………

Council/Housing Assoc Tenant                        ……………………………………………………………………

Occupation:                  ……………………………………………………………………………………….

Outline of action taken to date (give a brief summary of measures which have
previously been taken to control his/her behaviour)

……………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………

Other solutions are not expected to work in this case because (outline main reasons why
an ASBO application is the most appropriate solution)

……………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………

……………………………………………………………………………………………………………………

Can a meeting be arranged to consider the case with a view to applying for an ASBO?

……………………………………………………………………………………………………………………


Signed …………………………………………………                                 Organisation ………………………………


Position           ………………………………………                         Date …………………………………………




S:\Crime & Disorder – Anti Social Behaviour Order
                                  CERTIFICATE OF CONSULTATION


                                  ANTI SOCIAL BEHAVIOUR ORDER




I …………………………………….. The Lead Officer of Avon and Somerset Constabulary

certify that I have been consulted by West Somerset District Council in connection with

an application for an Anti Social Behaviour Order, in respect of:


Name …………………………………………………..                                 Date of Birth …………………………….

Address            ……………………………………………………………………………………………….

                   ……………………………………………………………………………………………….


and that I have no objections to the application




Signed …………………………………………                             Date   ……………………………………………..

Position           ……………………………………………………………………………………………..




S:\Crime & Disorder – Anti Social Behaviour Order

				
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