Use of Antisocial Behaviour Orders in Scotland

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Footnotes

This can partly be accounted by the fact that Glasgow City Council is no longer a social landlord, and responsibility for tackling antisocial behaviour is therefore shared by the City Council and RSLs (including Glasgow Housing Association - GHA). Glasgow City Council's Antisocial Behaviour Team covers only the private rental and owner-occupied sector where there is less ASB and hence, less activity in relation to ASBO. GHA and other Glasgow RSLs have sought some Orders, however, the combined total for City Council and all RSLs remains relatively small compared with most other LA areas.

2. In this context the term "young people" generally refers to those aged 12 - 15, however, it should be noted that under LA procedures 'young people' sometimes include those aged 16-17 and under a Supervision Requirement or already involved in the Children's Hearing system.

3. Under the Crime and Disorder Act 1998, applications for ASBOs against young people aged 10 to 17, and in certain circumstances 18-year-olds, can be heard in the magistrates' court.

4. An additional 2% of cases were for nine months and the remaining 23% were of unknown duration

5. These interviewees were drawn from the following professional areas: ASB Strategic Officer; ASB Operational Officer; Frontline staff; Legal Officer; Social Work; Young persons social work; Senior Police Officer; Sheriff; Children's Reporter.

6. We used a combination of our own survey data and APSR returns. Whilst the return rate was only 65% for RSLs, it must be noted that many RSLs are small and have no ASBO activity. We are confident that, whilst we did not achieve 100% coverage, we have captured all RSLs with any significant ASBO activity and any activity not captured is small in the context of the national picture.

7. This research has included the publication of three annual survey reports. These reports are available online:
Report of the 2003/04 Survey: http://www.scotland.gov.uk/Publications/2005/04/07104508/45103
Report of the 2004/05 Survey: http://www.scotland.gov.uk/Publications/2006/04/11133705/0
Report of the 2005/06 Survey: http://www.scotland.gov.uk/Publications/2006/11/28153603/

8. Note - in Glasgow antisocial behaviour services are separately undertaken by both GHA and the Local Authority. Glasgow City Council's Antisocial Behaviour Team covers only the private rental and owner-occupied sector.

9. I.e. North Lanarkshire, Dundee, Edinburgh and Dumfries & Galloway

10. Comparable figures for RSLASBOs are not available.

11. See paragraphs 2.55 to 2.57 for more information on this.

12. This was a generally poorly completed element of 2004/05 survey, which was not seen as essential information (partly because of the fact that reported 'ready availability' of interim ASBOs have addressed any earlier concerns relating to timescales). Also, it was difficult in the survey to define consistently how timescales should be counted - i.e. at what point does an application become an application. Finally, some double counting in survey as some data providers counted interim ASBOs that subsequently became full ASBOs as separate cases.

13. The majority of these (24) were located in the Borders. Three were issued in each of the following areas: Dumfries & Galloway, Highland and Glasgow. No other area had more than one.

14. In this context the term "young people" generally refers to those aged 12 - 15, however, it should be noted that under LA procedures 'young people' sometimes include those aged 16-17 and under a Supervision Requirement or already involved in the Children's Hearing system.

15. Scottish Parliament (2004) Stage 1 Report on Antisocial Behaviour etc. (Scotland) Billhttp://www.scottish.parliament.uk/business/committees/communities/reports-04/cor04-01-vol01-01.htm

16. Scottish Executive (2002) National Standards for Scotland's Youth Justice Services http://www.scotland.gov.uk/Publications/2002/12/16030/15870

17. Campbell, S. (2002) A Review of Anti-social Behaviour Orders; London: Home Office http://www.homeoffice.gov.uk/rds/pdfs2/hors236.pdf

18. Changes were made to the questionnaire to simplify this question following returns to the 2004/05 survey. This involved refining the types of behaviour specifically asked about and asking respondents to indicate the number of cases where this behaviour was the main factor, rather than indicate in broad percentage bands the proportion of total cases where this was a factor. The survey forms are included in Annex 2. Relevant questions are C3 in the 2004/05 survey and C6 in the 2005/06 survey.

19. That is, it includes even 'low level' crimes/offences such as vandalism and breach of the peace.

20. Unfortunately we cannot say in how many of the 81 cases (involving some form of criminal activity) the ASBO was the only action taken. This is because we did not ask systematically if criminal charges were being pursued.

21. Of the 33 we examined in Dundee

22. In addition to ASBO, the following penalties were also given: in one case the perpetrator's tenancy was converted to SSST; in three cases exclusion notices relating to commercial premises were granted; in two cases the perpetrator was arrested, with one arrest leading to imprisonment and the other to criminal proceedings.

23. Termination includes abandonment

24. Bullock, K. and Jones, B. (2004) Acceptable Behaviour Contracts: Addressing anti-social behaviour in the London Borough of Islington, London: Home Office http://www.crimereduction.gov.uk/antisocialbehaviour/antisocialbehaviour32.htm

25. Rubin, J., Rabinovich, L., Hallsworth, M. and Nason, E. (2006) Interventions to Reduce Anti-social Behaviour and Crime: A review of effectiveness and costs; London: National Audit Office http://www.nao.org.uk/publications/nao_reports/06-07/060799_rand_europe.pdf

26. Brown, A. (2004) Antisocial behaviour, crime control and social control; Howard Journal 43(2) P.203-211.

Page updated: Wednesday, September 19, 2007