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

An Anti-Social Behaviour Order, or ASBO, was a civil court order used in England and Wales between 1999 and 2014 to stop someone from repeating conduct that caused harassment, alarm, or distress to others. It was created by the Crime and Disorder Act 1998, listed specific things the person could not do, and lasted a minimum of two years. Obtaining one followed civil procedure, but breaking its terms was a criminal offense carrying up to five years in prison. More than 24,000 ASBOs were issued before Parliament abolished them and introduced replacement powers in 2014.

What Counted as Anti-Social Behaviour

The Crime and Disorder Act 1998 defined the conduct broadly: acting in a way that “caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household” as the person responsible.¹ The behaviour did not have to amount to a crime on its own.

Government guidance pointed to the kinds of conduct that regularly featured in applications: graffiti, abusive and intimidating language, excessive noise (especially late at night), littering, street drinking, drug dealing, aggressive begging, and vandalism.¹ Because the harm had to affect someone outside the person’s own household, disputes between people living together generally fell outside the regime. A court could also disregard any act the defendant showed was reasonable in the circumstances.

Each order was tailored. Typical prohibitions included banning a person from a named street or estate, forbidding contact with specific individuals, or barring them from carrying certain items. The order ran for at least two years and could continue indefinitely until a court discharged it.²

How an ASBO Was Obtained

Only two bodies could apply for a standalone ASBO: the local council for the area where the behaviour occurred, or the chief officer of police for that area. Before filing, the applicant had to consult the other, so a council was expected to involve the police and vice versa.¹

Applications were heard in the magistrates’ court sitting in its civil capacity. County courts could also grant ASBOs, particularly when anti-social behaviour came up during existing civil proceedings. On top of those routes, a criminal court could attach an ASBO to a sentence if the offender was convicted of a crime and the court was satisfied they had also engaged in anti-social behaviour. These conviction-based orders were informally known as CrASBOs.³

Because ASBOs were civil orders, the court applied the civil standard of proof. The applicant had to show on the balance of probabilities that the person had acted in an anti-social manner and that an order was necessary to protect others.¹ That was a lower bar than the criminal standard, and it drew criticism given that breaching the order carried criminal penalties. Appeals from a magistrates’ court went to the Crown Court for a full rehearing.

What Happened If Someone Broke an ASBO

Breaking any term of an ASBO without reasonable excuse was itself a criminal offense. The penalties depended on where the breach was tried:

In the magistrates’ court on summary conviction: up to six months’ imprisonment, a fine up to the statutory maximum, or both.
In the Crown Court on conviction on indictment: up to five years’ imprisonment, an unlimited fine, or both.⁴

The “reasonable excuse” defence was in the statute, but the Act did not define it. Courts assessed it case by case, and forgetting the terms of the order or finding them inconvenient rarely got anywhere.

ASBOs and Under-18s

Anyone aged 10 or older could receive an ASBO, so children were not exempt. When a council or police force applied for one against someone under 18, they were expected to assess the young person’s circumstances and needs first.¹ A parent or legal guardian had to attend court for anyone under 16, and the court could impose a parenting order on the parents as well.

Breach penalties for young people differed from adult ones. The maximum custodial sentence was a detention and training order of up to 24 months, half served in custody and half in the community. That was only available for those aged 12 to 17, and a child aged 12 to 14 had to already be classified as a persistent offender to receive it. For 10- and 11-year-olds, only a community order was available for breach.¹

Did ASBOs Work?

Breach rates were high. Of the roughly 24,300 ASBOs issued between June 2000 and December 2013, 58% were breached at least once. Three-quarters of those breached were broken more than once, and an ASBO that was broken was broken an average of five times.⁵ Juveniles broke them more often than adults: about two-thirds of young people given ASBOs breached them, compared with just over half of adults.

Those figures fed a long debate. Critics argued the orders criminalised nuisance behaviour without tackling its causes and that, for some young people, an ASBO became a badge of honour rather than a deterrent. Supporters said the orders gave communities a tool against persistent harassment that fell below the threshold for criminal prosecution.

What Replaced ASBOs

The Anti-Social Behaviour, Crime and Policing Act 2014 abolished ASBOs in England and Wales and introduced a broader set of powers. The two main replacements are civil injunctions and Criminal Behaviour Orders.⁶

Civil Injunctions

A civil injunction can be granted against anyone aged 10 or over if the court is satisfied, on the balance of probabilities, that the person has engaged in or threatens to engage in anti-social behaviour, and that it is just and convenient to grant the injunction to prevent further incidents.⁷ Unlike the old ASBO, it can require the person to do something positive, such as attend a treatment programme, as well as prohibit specific conduct. Adult applications go to the High Court or county court; those involving under-18s go to the youth court, where an injunction can last no more than 12 months.

Criminal Behaviour Orders

A Criminal Behaviour Order (CBO) is the direct successor to the ASBO on conviction. A criminal court can only impose one after the person has been convicted of an offense, and the prosecution must apply for it. The court must be satisfied beyond reasonable doubt that the offender engaged in behaviour causing harassment, alarm, or distress, and that the order will help prevent further such behaviour. For adults, a CBO lasts at least two years and can run indefinitely; for under-18s, between one and three years. Breach penalties mirror the old ASBO: up to five years’ imprisonment on indictment, or up to six months on summary conviction.⁸

The 2014 Act also introduced Community Protection Notices for lower-level environmental nuisance, Public Space Protection Orders to ban specified behaviour in defined public areas, police dispersal powers of up to 48 hours, and closure powers for premises linked to disorder.⁶

ASBOs in Scotland

Scotland operates under separate legislation, the Antisocial Behaviour etc. (Scotland) Act 2004, and ASBOs were not abolished by the 2014 Act. They remain available north of the border.⁹ The Scottish version works on similar principles: a court can impose an order prohibiting specified conduct if satisfied the person has engaged in anti-social behaviour and the order is necessary to protect others.³ Scottish criminal courts can also attach an ASBO to a conviction, much like the old CrASBO process in England and Wales.

1
GOV.UK. A Guide to Anti-Social Behaviour Orders and Acceptable Behaviour Contracts
2
GOV.UK. Anti-Social Behaviour Order Statistics
3
Scottish Government. Antisocial Behaviour etc (Scotland) Act 2004 – Guidance on Antisocial Behaviour Orders
4
Sentencing Council. Breach of an Anti-Social Behaviour Order
5
GOV.UK. Anti-Social Behaviour Order Statistics – England and Wales 2013 – Key Findings
6
GOV.UK. Crime and Policing Bill – Antisocial Behaviour (ASB) Factsheet
7
Legislation.gov.uk. Anti-Social Behaviour, Crime and Policing Act 2014 – Section 1
8
Legislation.gov.uk. Anti-Social Behaviour, Crime and Policing Act 2014 – Part 2
9
GOV.UK. Punishments for Antisocial Behaviour