What Is an Anti-Social Behaviour Order (ASBO) in the UK?

An Anti-Social Behaviour Order, or ASBO, was a civil court order in the United Kingdom that banned a named person from specific conduct causing harassment, alarm, or distress to others. Created by the Crime and Disorder Act 1998, it could be imposed on anyone aged 10 or over, had to last at least two years, and turned any breach into a criminal offence. England, Wales, and Northern Ireland abolished ASBOs in 2014 and replaced them with two newer tools. Scotland still uses them under its own legislation.

What Behaviour an ASBO Covered

The statutory test was broad on purpose: any conduct that caused, or was likely to cause, harassment, alarm, or distress to one or more people not living in the same household as the person responsible.¹ In practice that reached persistent verbal abuse, intimidation, vandalism, graffiti, excessive noise, and public drunkenness. The “outside the household” wording meant disputes between people who lived together were not covered.

Because the test turned on the effect of the behaviour rather than a fixed list of offences, authorities had wide discretion. A pattern of low-level nuisance that would never on its own reach the threshold for a criminal charge could still support an ASBO if it was persistent enough to disrupt neighbours or local businesses.

How an ASBO Was Obtained

There were two routes. A local authority or the police could apply directly to a magistrates’ court (or county court) for a standalone order, having to show both that the person had engaged in anti-social behaviour and that an order was necessary to protect others from further acts.¹ Alternatively, a court sentencing someone for a criminal offence could attach an ASBO to the sentence where the offender’s behaviour met the anti-social behaviour test.²

Although the proceedings were civil, the House of Lords held in 2002 that the criminal standard of proof, beyond reasonable doubt, applied when deciding whether the person had actually engaged in the behaviour alleged. Whether an order was necessary remained a matter of judgment for the court. The civil character of the proceedings mattered in one practical way: hearsay evidence was admissible, so statements from witnesses who feared retaliation could be put before the court without them attending in person.

What the Order Could Require

Each ASBO was tailored to the person. Typical terms included bans from named streets or areas, restrictions on associating with named individuals, curfews, and prohibitions on specific conduct such as using threatening language in public. The order could only prohibit; it could not require someone to do something positive, such as attend treatment.³

Every ASBO ran for a minimum of two years, with no upper limit.¹ Either side could apply to vary or discharge the order, but the two-year minimum had to run before discharge was available.

What Happened If Someone Breached an ASBO

The order itself was not a criminal conviction and did not go on a criminal record. Doing anything the order prohibited, without reasonable excuse, was a separate criminal offence, and this was where the real penalties sat.³

For adults, up to five years’ imprisonment on indictment, or up to six months on summary conviction, plus an unlimited fine.³
For under-18s, a maximum of 24 months’ detention.³

Just over half of those who breached received an immediate custodial sentence, with an average prison term of roughly five months. Breaches tended to repeat: offenders who violated their order did so an average of 4.4 times.

For social housing tenants, a breach could also mean losing the home. Where the landlord established that a tenant had breached a Criminal Behaviour Order or injunction, the court was required to make a possession order. The eviction normally took effect within 14 days, and any postponement was limited to six weeks and only where the tenant would face exceptional hardship.⁴

Why ASBOs Were Scrapped

The breach figures told much of the story. Of all ASBOs issued since 1999, 56% were breached at least once, and 41% were breached more than once. Among 12 to 14-year-olds the breach rate reached 73%. An order most recipients ignored was hard to defend as effective enforcement.

Publicity made matters worse. Local authorities routinely distributed leaflets around neighbourhoods carrying recipients’ names, photographs, and the terms of their orders. For some young people this backfired, and ASBOs became “badges of honour” rather than deterrents. Researchers found that embarrassment was real but was often mixed with bravado in front of peers.

Critics argued that the system criminalised vulnerability. People with mental health conditions, addictions, or no stable housing were disproportionately placed under orders that prohibited behaviours they struggled to control, then imprisoned when they breached.

What Replaced the ASBO

The Anti-social Behaviour, Crime and Policing Act 2014 split the old ASBO into two tools pitched at different levels of severity.⁵

Civil Injunctions

A civil injunction to prevent nuisance and annoyance, often called an IPNA, is the lower-level replacement. A court can grant one against anyone aged 10 or over if satisfied, on the balance of probabilities, that the person has engaged or threatens to engage in anti-social behaviour, and that the injunction is just and convenient to prevent further such conduct.⁶ The evidence threshold at the granting stage is genuinely civil, not the hybrid standard the old ASBO attracted.

Two practical shifts matter. An IPNA can impose positive requirements, such as attending a drug treatment programme, alongside prohibitions. And for under-18s the maximum duration is 12 months rather than a minimum of two years.⁶ Breach is not a criminal offence but contempt of court, carrying up to two years’ imprisonment for adults, and the criminal standard applies when proving the breach itself.⁷

Criminal Behaviour Orders

Criminal Behaviour Orders (CBOs) are the heavier replacement, available only after a criminal conviction. A court can impose one where the offender has engaged in behaviour likely to cause harassment, alarm, or distress, and the order would help prevent further such behaviour.⁸ Two changes from the ASBO regime stand out: the “outside the household” restriction was dropped, and the test moved from whether the order is “necessary” to whether it would be “helpful.”²

A CBO for an adult lasts a minimum of two years and can be indefinite. For under-18s the duration is between one and three years. Breach is a criminal offence punishable by up to five years’ imprisonment on indictment.⁸

ASBOs in Scotland

Scotland did not follow the 2014 reforms. ASBOs there still operate under the Antisocial Behaviour etc. (Scotland) Act 2004, which remains in force and was amended as recently as 2024.⁹¹⁰ Breaching an ASBO in Scotland is a criminal offence.¹¹

1
GOV.UK. A Guide to Anti-Social Behaviour Orders and Acceptable Behaviour Contracts
2
Crown Prosecution Service. Criminal Behaviour Orders
3
Sentencing Guidelines Council. Breach of an Anti-Social Behaviour Order – Definitive Guideline
4
ASB Help. Absolute Grounds for Possession
5
legislation.gov.uk. Anti-social Behaviour, Crime and Policing Act 2014
6
legislation.gov.uk. Anti-social Behaviour, Crime and Policing Act 2014 – Section 1
7
Shelter Legal England. Injunctions to Prevent Nuisance or Annoyance
8
legislation.gov.uk. Sentencing Act 2020 – Criminal Behaviour Orders
9
legislation.gov.uk. Antisocial Behaviour etc (Scotland) Act 2004
10
GOV.UK. Punishments for Antisocial Behaviour
11
mygov.scot. Antisocial Behaviour Orders