Definition of 'Anti-social Behaviour'

"Behaviour that causes, or is likely to cause, harassment, alarm or distress to one or more persons not in the same household as the perpetrator" - Crime and Disorder Act 1998.

What it Means

Anti-social behaviour means different things to different people:

• Noisy neighbours who ruin the lives of those around them
• 'Crack houses’ run by drug dealers
• Drunken people taking over town centres
• People begging by cash points
• Litter
• Graffiti

Anti-social behaviour creates an environment where crime can take hold.

Respect – for each other and for the area in which we live – is at the heart of strong and prosperous communities. Anti-social behaviour undermines our communities, creating an environment of fear and neglect.

As a society, anti-social behaviour can be driven out of our communities and estates, by taking a stand against the minority of people who use this type of behaviour.

How to Report Anti-social Behaviour

• Phone the Police on 0845 408 7000 (please ask for a log number)
• Phone the Swindon Borough Council Contact Centre on 01793 445500 (open 8.00am-8.00pm Monday to Friday, 9.00am-1.00pm Saturday)

If the complaint is low-level crime/anti-social behaviour, you will be asked to complete log sheets for a period of at least two weeks. This information will allow the agencies to determine what response is needed to tackle the problem, as it is necessary to prove persistency of the behaviour if action is to be taken.

The ASBU

The Anti-social Behaviour Unit (ASBU) is a small unit within the Community Safety Partnership consisting of a manager, four investigation officers and a family support worker. See the Swindon Community Safety Partnership website (www.swindon-csp.org.uk/csp-anti-socialbehaviour) for more details.

It is important to note that in the fight against anti-social behaviour, it is not only the ASBU involved - we adopt a multi-agency approach. Other agencies involved include:

• Police
• Environmental Enforcement
• Housing – both local authority and registered social landlords
• Youth Offending Team
• Social Services
• Education
• StreetSmart
• Voluntary sector
• Connexions
• Youth Service
• Trading Standards
• Probation
• Victim Support

The list is long, but all the agencies recognise that the most important partner we have are those people affected by anti-social behaviour.

What Can be Done to Tackle Anti-social Behaviour

There is a wide range of tools available to tackle anti-social behaviour. Some of those used in Swindon are detailed below.

Youth Diversionary/Intervention Programme

It is clearly advantageous to catch perpetrators or potential perpetrators before they become involved in the criminal justice system. Therefore, the use of diversionary activities, such as Positive Activities for Young People (PAYP) and Splash are useful - particularly in the holiday periods.

The Youth Service are vital partners offering support and Guidance.

The Early Intervention Team and the Youth Offending Team (YOT) offer intensive support to 8- to 13-year-olds.

Warnings

These come in two forms - an initial verbal warning and a formal written warning. At both stages, the police and other agencies are aware of the perpetrator and their behaviour.

Acceptable Behaviour Contract

This is a voluntary contract, which is offered to those people who have not heeded warnings.

The contract is between the agencies and the perpetrator. It sets out conditions, which reflect the behaviour of the person. For example, a curfew, if the anti-social behaviour occurs at night-time.

The contract lasts for six months, and if breached, provides evidence to support a possible application for an ASBO (see below).

Throughout this process, additional support is offered to both the perpetrator and their family.

Anti-Social Behaviour Ordes (ASBO)

This is a court order on an individual who has been identified as committing anti-social behaviour or crime.

An application is made when other intervention has failed. The ASBO lasts for a minimum of two years, and the conditions reflect their behaviour - e.g. an exclusion from the area where they were causing problems.

Application is made in civil court, which means that hearsay evidence can be used. Therefore, those victims/witnesses concerned about giving evidence can remain anonymous by giving their evidence to an officer to supply to the court.

If the ASBO is breached, it is a criminal offence and the person can be arrested. The maximum penalty for breach is a 24-month detention training order (DTO) or five years’ imprisonment.

It is important to note that the court needs to be satisfied that there is pattern of anti-social behaviour, or that this has caused harassment, alarm or distress.

Dispersal Order

This gives powers to the police to deal with large groups of youths.

The order is placed in areas where there are high complaints about large groups gathering, and importantly, the anti-social behaviour they are committing.

The order is placed in a defined area, and for a period of six months. If a group of two or more persons in the defined area, either by their presence or behaviour, has resulted or is likely to result in harassment, intimidation, alarm or distress, the police can direct them out of the area, or move them as directed by the police officer.

If an individual refuses to follow the instructions of the police officer, they commit an offence, and can be arrested.

'Crack House' Closures

This power enables the swift closure of properties taken over by drug dealers and users of Class-A drugs, such as heroin and cocaine. A closure notice and an order can be issued if there are reasonable grounds to believe that the premises is associated with class A drug production, supply or use, and it is causing serious nuisance or disorder.

The order remains in place for three months and prevents anyone entering the premises.

Further Information

Home Office - Respect website (www.respect.gov.uk)

Wiltshire Police website (www.wiltshire.police.uk)