Frequently asked questions
What is an ASBO (Anti-social Behaviour Order)?
An ASBO is an order made by a court when someone has been found guilty of antisocial behaviour. Antisocial behaviour is anything that causes alarm harassment or distress to someone else.
It can range from loud music and staring in through windows to criminal offences such as assault and damage.
The ASBO orders them not to do certain things from a list which is provided to the courts by the Police or Council. It is based on the complaints which have been received against them.
It lasts for a minimum of two years and up to a maximum of a lifetime, although most last for two to three years.
How does someone get an ASBO?
The Police, Council and Six Town Housing all receive complaints of antisocial behaviour, much of it also is criminal behaviour. Advice, warnings, and/or prosecutions deal with most of these complaints but there are offenders who carry on regardless. In these cases we look at we feel an ASBO would prevent the behaviour, by maybe stopping them going to a certain area, or being in public with certain people.
It’s also necessary to look at how good the evidence is to prove that they are antisocial. People who have complained about them may be asked to be witnesses and give evidence. The Court then decides whether to order the ASBO.
Who gets them?
There’s the common idea that ASBOs are for loutish teenagers. That’s very much not the case, here are some facts:
- 82% of Bury’s ASBOs are made on adults.
- ASBOs have been used to take on burglars, car thieves, shoplifters, and those who are violent under the influence of alcohol.
- Nearly all of Bury’s ASBOs have been made on people who already have weighty criminal records so ASBO orders given are there to protect and prevent, they are not labels out to criminalise anyone.
ASBO breaches and the law
If someone breaches his or her ASBO it is a criminal offence. Like any other criminal offence it should be reported to the Police who will deal with it; but like any other criminal offence the Police will need evidence the ASBO has been breached to prosecute the offender at Court - this may require people being willing to give evidence.
The maximum sentence for a breach of ASBO is 5 years in prison, although usually the sentences are under six months, especially if it is the person’s first breach.
How and why are ASBOs effective?
In Bury, about 45% of ASBOs are not breached, as the threat of further arrest and imprisonment makes the person think twice. At the other end of the spectrum there are those who won’t stop. The ASBO gives the Police greater powers to arrest before another criminal offence is committed - e.g. shoplifters banned from all the supermarkets in Bury can be arrested just for going into the supermarket, before they get a chance to steal anything. The Courts are guided by the Home Office to treat breaches of ASBO orders seriously when they pass sentence, and ASBOs have proved instrumental in putting some of our worst offenders behind bars.
How can an ASBO help my community?
Bury has many different communities all face different problems, so for example the type of Antisocial behaviour you would see in Ramsbottom would be very different to that suffered in the town centre, which has more pubs and clubs and larger visitor numbers.
In all cases, ASBOs can be used to give a clear message to tell anyone who cannot behave acceptably and legally that they are not welcome. It is a good way of isolating the ringleaders of gangs, and making an example of them. One community in Bury has had its worst known offender sent to prison for two years. Another community’s worst known offender has turned over a new leaf and tried his best to behave. In other areas, offenders have moved away, and have left the community in peace.
What should I do if I think someone has breached his or her ASBO?
Firstly, you need to be sure that the person you have seen has got an ASBO, and also that you are sure of the identity of whom you have seen. If you are not sure whether someone has an ASBO, you will be able to find out either on this website, or by contacting us using the contact numbers below.
If someone has breached their ASBO, the Police will need evidence in order to arrest and prosecute them. This might be a worry to someone who’s not sure if there might be repercussions, but if no one makes a stand, then the ASBO becomes worthless.
You can still report breaches to the Police and not want to give evidence. The Police can use your information discreetly to try and catch the offender themselves without involving you. You can even ring anonymously to Crimestoppers, but the best way of making the ASBO stick is to give evidence.
What to do if I think someone needs an ASBO?
There are a number of ways you can suggest someone by reporting them to either the local Police Officers, Housing Officers, ringing the Police, Six Town Housing, or the Council. It is very likely that the person you are thinking of is already known to these agencies and may well be planning something. At the very least you will get the reassurance something is being done and you may be of assistance in the application procedure itself if you have information you can give. Even if you wish to remain anonymous, we will look at who you’ve named and why.
Remember – we need your help to enforce ASBO orders. Please help us by reporting any breaches of orders or crime concerns to any of the below contacts.
Crime reporting contacts:
Greater Manchester Police - 0161 872 5050 (24 hours a day)
Six Town Housing - 0161 686 8000 (Monday-Friday 8a.m. till 6p.m.)
Bury Youth Offending Team - 0161 253 5853
Bury Council Anti Social Behaviour - 0161 253 7785