CHAPTER ONE - INTRODUCTION
Research Context and Objectives
1.1 Antisocial Behaviour Orders ( ASBOs) were first introduced under the Crime and Disorder Act 1998 as civil orders to prevent behaviour causing alarm or distress to others. Breach of an Order is a criminal offence punishable by up to five years imprisonment and a fine on indictment. The concept was developed further under the Criminal Justice (Scotland) Act 2003, which extended the power to seek ASBOs to housing associations or Registered Social Landlords ( RSLs) 3. The Act also introduced Interim ASBOs - Orders which could be sought in an emergency without the need to provide the extent of evidence required for a full ASBO. The Antisocial Behaviour etc (Scotland) Act 2004 extended the ASBO regime to cover young people aged 12-15 (although breach of Orders by members of this group cannot be punished through imprisonment).
1.2 The Antisocial Behaviour etc (Scotland) Act 2004 also gave the courts powers to impose an ASBO as a penalty for criminal offences - so-called ASBOs on conviction, or CRASBOs. In this case, the Order is 'instead of or in addition to imposing any sentence which [the court] could [otherwise] impose'. CRASBOs, therefore, differ from (civil) ASBOs because the latter can be granted in respect of non-criminal offences. Mainly on this basis, this report focuses solely on civil ASBOs and the figures cited for ASBOs granted (e.g. Table 2.3) do not include Orders imposed by the courts as penalties for criminal offences.
1.3 While 1998 saw the introduction of civil ASBO powers in England and Wales, as well as in Scotland, it is important to recognise that the two regimes differ in certain significant respects. Somewhat in contrast to England and Wales, local authorities ( LAs) in Scotland have a clear lead role in seeking ASBOs in Scotland, with the police playing an essentially supportive role, e.g. assisting in evidence collection as well as in the monitoring of breaches. In both jurisdictions, housing associations (or registered social landlords - RSLs) have more recently been empowered to apply to the courts for ASBOs. At least in Scotland, however, RSLs seeking ASBOs usually work closely with LAs, with the formal application often being made by the LA rather than by the association itself.
1.4 Historically, the formal scope of ASBO powers in Scotland has differed from that in England and Wales. Until October 2004, Orders could be sought for young people only in England and Wales and not in Scotland. While ASBOs can now be obtained for 12-15 year olds in Scotland, the framework remains distinct from that south of the border in terms of the ASBO application process and in terms of the consequences of ASBO breach. In contrast with the situation south of the border, a young person breaking ASBO terms in Scotland cannot be imprisoned.
1.5 Despite the differences outlined above, the basic ASBO concept remains common across Great Britain. Hence, in broad terms, comparisons between ASBO use in Scotland, on the one hand, and England and Wales, on the other, remain legitimate. It should be noted, however, that comparisons made within this report are restricted by the data available and, as such, focus only on the incidence of ASBOs granted in relation to household numbers. Recently commissioned Home Office research on the issue should, in future, facilitate broader comparisons in the way that ASBOs are used north and south of the border.
1.6 The aims of this study in Scotland, which runs from 2004-2007, are as follows.
- to collect up-to-date data on the use of civil ASBO powers by both LAs and RSLs
- to collect data about the ASBO application process and about ASBO prohibitions, and to analyse the circumstances in which the Orders are sought and granted
- to investigate LA and RSL experience of using ASBOs to gain a fuller understanding about their effectiveness in resolving antisocial behaviour
- to collect information about the use and effectiveness of other measures used before, instead of, and alongside ASBOs, e.g. mediation, Acceptable Behaviour Contracts ( ABCs) and (for social renters) possession actions
- to examine the impact of measures introduced by Part 2 of the Antisocial Behaviour etc (Scotland) Act 2004 extending the ASBO regime to young people aged 12-15.
Research Methodology and Report Scope
1.7 A key element of the research is the collection of statistical information on ASBO applications by, and Orders granted to, LAs and RSLs. Using an earlier survey by the Chartered Institute of Housing (Scotland) ( CIHS) as a starting point, the authors initially collected information on the extent and nature of ASBO use during 2003/04. The 2003/04 survey was combined with focus group sessions to help interpret the output from the statistical analysis. A report on this initial phase of work was published by the Scottish Executive in March 2005 and is available at: http://www.scotland.gov.uk/Publications/2005/04/07104508/45091. A further report, focusing on ASBO activity in 2004/05 is also available on the Executive's website: http://www.scotland.gov.uk/Publications/2006/04/11133705/0
1.8 This report covers the third annual survey undertaken as part of the present research, concerning ASBO activity in the financial year 2005/06. The data collected was broadly similar to that in the counterpart 2003/04 and 2004/05 surveys, enabling us to examine trends in activity. Following a pilot exercise with two organisations, the survey was issued by e-mail to 32 local authorities and 153 RSLs. Responses were received from 132 organisations, an overall response rate of 71% (100% for LAs and 65% for RSLs). The main survey form is attached as Annex 2.
1.9 As the survey did not obtain a 100% response rate from RSLs, the 'headline figures' for ASBO applications and ASBOs granted were supplemented using figures collected by Communities Scotland ( CS) through the CS Annual Performance Statistical Return ( APSR). As well as providing missing data, the APSR data was also used to validate 'headline figures' for ASBOs involving RSLs. To do this, we cross-referenced our survey data with figures collected by APSR. This was a useful exercise since it brought to light a number of inconsistencies reflecting the need for additional guidance in future APSR surveys. Issues included:
- double counting of applications and/or Orders granted involving cases initiated by an RSL but where LAs were involved in the application process;
- incorrect inclusion of CRASBOs in organisational applications/Orders granted totals; and
- double counting in instances where an initial Interim Order was followed by a full Order. 4
1.10 As a quality check to ensure accuracy, 'headline figures' for ASBO applications and Orders granted at LA level, as extracted from survey returns, have been subsequently circulated to, and validated by, each participating LA.
1.11 To supplement our own survey data in illustrating national trends, reference is also made to data collected in a survey on ASBO activity in Scotland by the Chartered Institute of Housing in Scotland ( CIHS) in 2003. In addition, to set the Scottish figures in context, brief reference is made to national data on ASBOs granted for England and Wales.
1.12 In addition to the national surveys, the research has also involved detailed case study work in four LA areas to examine the context, process and outcomes of ASBO usage. These case studies have focused on Dumfries & Galloway, Dundee, Edinburgh and North Lanarkshire. Findings from this work will be published in full in the final report of this research in 2007. At this stage, we have made some very limited observations where the case study evidence sheds light on aspects of the survey results.