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Please note that within the main body of this document where a specific text is suggested for inclusion in a local protocol it is in ordinary typeface. Comments and explanations are given in italics. (This does not apply to the annexes).
Preface by
the Home Secretary
Section 1: Partner agencies
Section 2: Purpose of protocol
Section 3: Equality and discrimination
Section 4: Human rights and ECHR
considerations
Section 5: Information sharing
Section 6: Consultation - the problem-solving
group
Section 7: Specific consultation
considerations for the group
Section 8: Where there are related
criminal proceedings
Section 9: Recording and implementing
the group’s decision
Section 10: Lead agency
Section 11: Evidence in support of an ASBO
application
Section 12: Witness support
Section 13: Applying for an order
Section 14: Summons procedure
Section 15: Procedure on hearing an
application for an order
Section 16: Appeal against an order
Section 17: Post-order procedure
Section 18: Breaches of an ASBO
Section 19: Prosecution of ASBO
breaches
Section 20: Variation and discharge of
an ASBO
Section 21: Monitoring and evaluation
Appendix A: Crime and Disorder Joint Briefing by the National Housing Federation and the Local Government Association
Appendix B: Practical suggestions for promoting awareness of ASBOs
Appendix C: Anti-social behaviour order applications - step by step
Appendix D: Request for application for an ASBO
Appendix E: European Convention on Human Rights
Appendix F: Data protection
Appendix G: Acceptable behaviour contracts
Appendix H: Certificate of consultation
Appendix I: Application checklist
Appendix J: Case summary
Anti-Social Behaviour Orders (ASBOs) were introduced from 1 April 1999. Their purpose is to target activities which disrupt the lives of individuals, families or communities. ASBOs are an important addition to the range of responses available to tackle anti-social behaviour. They are not intended to replace existing measures in all circumstances. However, whilst ASBOs should be seen within this wider context, there is no requirement to demonstrate that every other remedy has been exhausted before applying for an ASBO. The key is that an ASBO should be used where it is the most appropriate remedy. Over 70 ASBOs have been granted in the past year, in a variety of circumstances. Where they have, they have been strongly welcomed by the police, local authorities and the communities they are designed to protect.
An explanation of the procedures and practice to be adopted by the police and local authorities in handling ASBOs was issued by the Home Office in March 1999 - Anti-Social Behaviour Orders: Guidance. Although orders had been successfully obtained in some areas during the first six months of their being available, it was evident to me, after writing to local authority chief executives and hearing their responses, that the guidance we had issued needed to be followed up by some further initiative from the centre. I therefore appointed Lord Warner to head an action group to consider what needed to be done to spread best practice in the use of ASBOs. The organisations represented on the Action Group together with the Home Office and the Local Government Association are shown opposite.
The Action Group concluded that if the ASBO was to play its proper part in reducing crime and disorder, the police and the local authority would need to establish effective working relationships with their partner agencies, and that such arrangements should be set out in the form of a protocol, as some partnerships had done already. In December 1999 the Group therefore decided to draw up guidance on producing such protocols, and to hold a series of seminars as a means of consulting on a draft of that guidance. Ten seminars were held in all - one in each of the Government Regions in England and Wales - between 8th March and 19 April this year. Following the successful completion of this consultation exercise on the guidance I am delighted to be able to recommend it to you.
The guidance in this booklet, which complements the ASBO Guidance of March 1999, has been drawn up by the Home Office and the Local Government Association in consultation with the other agencies with a leading interest in ASBOs. It sets out the areas of policy and practice which all partner agencies should consider including in their own protocols. It is for each local partnership to determine the detail of their procedures, taking account of local needs. This guidance does not lay down mandatory rules or seek to provide a binding interpretation on points of law, but sets out suggested procedures which may be followed in dealing with anti-social behaviour in general and in applying for an ASBO in particular.
Secretary of State for the Home Department
June 2000
Crime and Disorder front
page
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