Repealed powers to control behaviour under the Anti-social behaviour Act 2003 [Archived]
Repealed powers to control behaviour under the Anti-social behaviour Act 2003 [Archived]

The following Local Government practice note provides comprehensive and up to date legal information covering:

  • Repealed powers to control behaviour under the Anti-social behaviour Act 2003 [Archived]
  • Current powers to control anti-social behaviour
  • Anti-social behaviour
  • Anti-social behaviour orders
  • Two-stage test
  • Relevant authority
  • Consultation
  • Minimum period of two years for a final ASBO
  • Six-month time frame
  • Standard of proof and evidence that the person has acted in an anti-social manner
  • More...

ARCHIVED: This Practice Note has been archived and is not maintained.

Current powers to control anti-social behaviour

This Practice Note details the powers that were available under the Anti-social Behaviour Act 2003 and Housing Act 1996. While new powers have replaced these (under Anti-social Behaviour, Crime and Policing Act 2014), anti-social behaviour orders (ASBOs) and anti-social behaviour injunctions (ASBIs) granted under these provisions which are already in place prior to March 2015 remain enforceable. It is no longer maintained.

For the content on current powers to control anti-social behaviour see the following Practice Notes:

  1. Anti-social behaviour—powers to close premises under the Anti-Social Behaviour, Crime and Policing Act 2014

  2. Anti-social behaviour—powers to control behaviour under the Anti-social Behaviour, Crime and Policing Act 2014

  3. Possession—anti-social behaviour, nuisance and crime

  4. Acceptable behaviour contracts and local authorities

Anti-social behaviour—ASBOs and ASBIs

The anti-social behaviour order (ASBO) was introduced in 1999 under the Crime and Disorder Act 1998 (CDA 1998) as a means of tackling disorderly activity that would not usually meet the threshold of criminal prosecution. The anti-social behaviour injunction (ASBI) was introduced under the Housing Act 1996 (HA 1996) to give social landlords additional powers to restrain anti-social behaviour (ASB).

Anti-social behaviour

There is no set definition of ASB. Typical ASB activities might include vandalism, drug-dealing, drunkenness, graffiti, swearing, or harassment, but the list is not exhaustive. The legal test is activity that has

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