Find out more about Anti-Social Behaviour Orders in the Havant
Borough
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.
Link to anti-social behaviour
process chart (PDF file) >>
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 info@saferhavant.co.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
|