Anti-Social Behaviour Orders

Anti-Social Behaviour Orders can be given for a wide range of problematic behaviours, including:

• Being threatening and abusive towards others
• Being drunk and disorderly in a public place
• Unlawful riding of a motorcycle
• Causing constant nuisance in a specific place, for example in a shop
• Carrying anything that could be used as an offensive weapon
• Making regular false calls to emergency services

These orders are not applied for lightly and there is a lot of background work carried out by members of the Safer Havant Partnership to ensure that the orders we apply for are well thought out and represent a last resort to compel people to moderate their behaviour.

Follow the link below to a chart showing the process Havant Borough Council take when applying for an Anti-Social Behaviour Order, from the first complaint to the granting of the order.

•  ASB process diagram (pdf 23kb)

Before any order is applied for the following requirements need to be met:

• It must be possible to show that the person has committed persistent anti-social acts over the last six months
• They must have continued to behave in an anti-social way despite attempts to change their behaviour through other means.
• It must be proven that the person will continue to commit anti-social acts if an Anti-Social Behaviour Order is not granted.

The Police, Accredited Community Safety Officers and Housing Officers can give evidence in court of the complaints made to them and can present evidence on the complainant’s behalf. This means that witnesses are often not named in court, allowing people who are fearful to remain anonymous. You can discuss this option with your local Safer Neighbourhood Team or contact us at neighbourhood.quality@havant.gov.uk to find out more.

The Anti-Social Behaviour Order (ASBO) is probably the best known tool for dealing with anti-social individuals, but there are other options available that will be attempted before the Council, Police or Housing Association apply for any ASBO.

The following tools are used by members of the Safer Havant Partnership:

Verbal warnings

This usually involves a Police Officer, Police Community Support Officer, Accredited Community Safety Officer or Housing Officer speaking to the person on the street or in their home to let them know about the complaints and to tell them to stop their behaviour.

Warning letters

A warning letter informs the individual that they are being monitored for causing anti-social behaviour and warns them of the possible consequences if they continue.  In the case of young people, this may be the first time their parents hear about their behaviour so in most cases, the first letter can stop the behaviour.

Acceptable Behaviour Contracts (ABCs).

This is a voluntary process which gives the person the opportunity to agree ways they could change their own behaviour. The contract is not legally binding but is used as evidence for the court if an ASBO is applied for.

Offers of support

Alongside the above actions, attempts are made by members of the Safer Havant Partnership to find support for the individual to manage their behaviour as often this can have a big impact and means that an ASBO may not be needed.

Notice to Quit Anti-Social Behaviour or Final ASB Warning Notice

This is the final opportunity given to an individual to stop the anti-social behaviour before the Safer Havant Partnership decides whether to apply for an ASBO. It is served in person, usually by a Police Officer and explains the type of behaviour complained about.

Anti-Social Behaviour Panel Meeting referral

If the above actions have no impact, a referral will be made to the Anti-Social Behaviour Panel meeting. The panel meets monthly to discuss anti-social individuals and makes the decision about whether to apply for ASBOs. The panel includes the following agencies:

• Havant Borough Council
• Police Safer Neighbourhood Teams
• Fire Service
• Children’s Services
• Adult Services
• Youth Offending Team
• Probation Service
• Connexions
• Youth Service
• Youth Inclusion and Support Panel
• Portsmouth City Council
• Hermitage Housing
• Portsmouth Housing Association
• Other support agencies (for families and young people)

The panel reviews evidence presented for ASBOs to decide whether:

• There is sufficient evidence to show that the person has behaved in an anti-social manner
• There is evidence that this behaviour will continue without an ASBO
• There is evidence that that person has been given appropriate opportunities to change their behaviour

An Anti-Social Behaviour Order is granted by the courts.  It sets out a list of behaviour which the person is no longer allowed to do (these are referred to a ‘prohibitions’).  These ‘prohibitions’ can stop this person going to certain locations, behaving in an unacceptable manner, associating with certain people, being in possession of vehicles that do not belong to them and even stopping individuals from being passengers in/on vehicles.  Prohibitions must relate to their previous behaviour.

An Anti-Social Behaviour Order can be very restrictive and a breach can lead to a prison sentence so the Partnership has to make sure the person has definitely committed the behaviour and that they will not stop through any other means.

Everything the Safer Havant Partnership does is aimed at stopping future anti-social behaviour rather than punishing past behaviour. It is not our aim to seek ASBOs as many people are not aware of the impact that they are having on others and simply need support in order to change their behaviour.

If this information is difficult to read we can provide it in another format, for example in braille, large print, on audio tape or in another language.  To request any of these formats please contact customer.services@havant.gov.uk