L3.2 Flashcards
What do Anti-Social Behaviour Orders (ASBOs) aim to protect the public from?
Behaviour that causes or is likely to cause alarm or distress
ASBOs are civil orders and not criminal penalties.
What conditions can be included in an ASBO?
Prohibitions on specified actions such as:
* Verbally abusing named persons
* Entering defined areas
Breaching an ASBO is a criminal offence.
What is the minimum age for a person to be subject to an ASBO in Scotland?
12 years old
What is the intended purpose of ASBOs for adults?
To tackle behaviour likely to escalate to criminal level and patterns of behaviour causing considerable alarm or distress
Are ASBOs a substitute for criminal proceedings?
No, they are intended to complement other civil procedures
Who can apply for an ASBO?
Local Authorities and Registered Social Landlords
Applications must be in consultation with the police.
What must applicants do before making an ASBO application for a person under 16 years?
Consult the Principal Reporter
Where can ASBOs be used to address antisocial behaviour?
In various locations, including:
* Retail premises
* Parks
* Transport hubs
Under which section of the Antisocial Behaviour Etc. (Scotland) Act 2004 can a relevant authority apply for an ASBO?
Section 4
What is the definition of a Relevant Authority in relation to ASBOs?
Local Authorities and Registered Social Landlords
What constitutes a Local Authority?
A council constituted under Section 2 of the Local Government (Scotland) Act
What is a Registered Social Landlord?
A company or individual registered under Section 57 of the Housing (Scotland) Act 2001
Can a Local Authority apply for an ASBO to protect individuals outside their area?
Yes, as long as those affected are within the authority area
What is an ASBO?
Antisocial Behaviour Order
An ASBO is designed to protect individuals from antisocial behavior by restricting the actions of specified individuals.
Who can apply for an ASBO?
A Registered Social Landlord
They can apply to protect persons residing in or near their managed premises.
What conditions must be met for a Sheriff to grant an ASBO?
The specified person must:
* be at least 12 years old
* have engaged in antisocial behaviour towards a relevant person
* have an ASBO deemed necessary for protection
The Sheriff disregards any reasonable acts of the specified person when making this determination.
What is the age threshold for a child to be considered in ASBO applications?
12 years old
The Sheriff requires input from the Principal Reporter for specified persons under 16 years.
What is an Interim ASBO?
A temporary order providing immediate protection pending a full ASBO determination
It prohibits the named person from specific actions until the full order is resolved.
How long does an Interim ASBO last?
Until the application for the full ASBO is completed
The duration is not normally specified.
What happens if an individual breaches an Interim ASBO?
They face the same penalties as for a full ASBO breach
This includes potential criminal charges and arrest.
What offence is created by breaching an ASBO?
An offence under Section 9 of the Act
Breaches can involve both interim and full ASBOs.
Who is responsible for reporting breaches of ASBOs?
The police
They have the sole responsibility for reporting any breaches.
What are the penalties for adults breaching an ASBO?
Up to 6 months imprisonment or a fine on summary conviction; up to 5 years imprisonment and an unlimited fine on indictment
Penalties vary based on the severity of the breach.
What should be done if a breach of an ASBO involves a person aged 12 to 15?
Report jointly to the Procurator Fiscal and the Reporter to the Children’s Panel
This ensures appropriate legal processes are followed for minors.
Fill in the blank: The Sheriff shall disregard any act or conduct of the specified person which that person shows was _______.
reasonable in the circumstances
This consideration allows for a fair assessment of the specified person’s actions.
True or False: An Interim ASBO can specify a duration for its conditions.
False
The Interim Order does not generally specify how long the conditions should apply.
