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5 Outcomes and Effectiveness

5.1 This section analyses results from the survey in relation to ASBO duration, breaches of ASBO prohibitions, and the perceived impact of ASBOs on perpetrators' behaviour. The survey information in this section is based only the responses made by RSLs and LAs, and does not relate to all ASBO activity during 2003/4.

Process

5.2 Based on the answers of those responding to the question, more than a third of 2003/04 ASBO applications were prepared in less than four weeks (the period between deciding to seek an ASBO and the date of the application to court). In only four per cent of cases did this period exceed six months (see Figure 5.1). If subsequent surveys investigate this issue it will be important to make a distinction between full and interim ASBO preparation.

5.3 Just over a quarter (26%) of fullASBOs granted in 2003/04 were determined by the court in less than four weeks (period between application date and decision date). In more than a third of cases, however, this process took more than four months (see Figure 5.1). There are some notable differences between the experience of local authorities and RSLs working in different areas here. For example, in cases originating in East Ayrshire, Scottish Borders and South Lanarkshire the courts appeared liable to take a relatively long period to make rulings.

Figure 5.1: Time taken for ASBO applications to be prepared by LAs/ RSLs and to be concluded by court

Note to chart
Base = 102 applications and 82 ASBOs granted
Source: Email Survey

5.4 The main reasons for the amount of time taken to go through the process was simply the amount of evidence that had to be collected. This included preparing statements and evidence from witnesses and encouraging and supporting witnesses. One local authority felt that the development of a specialist team had helped to speed up the process. Where there was a long delay in an ASBO application, the main reasons given were a defendant's application for legal aid and scheduling of court time.

ASBO duration

5.5 Nearly half of all full ASBOs granted in 2003/04 were of indefinite duration.

Figure 5.2: ASBOs Granted during 2003/04 by duration

Source: Email Survey

5.6 The duration of ASBOs varies greatly by local authority area, however it is unclear whether this period is determined by the applicant or based on the court's decision. For example:

• In North Lanarkshire, West Lothian and Dumfries & Galloway, ASBOs tend to be shorter term - less than 1 year
• In seven local authority areas all ASBO granted are of indefinite duration.

Table 5.1: ASBOs Granted during 2003/04 by duration and local authority area

Source: Email Survey

5.7 Local authority focus group participants believed that many early ASBOs granted were of indefinite duration - perhaps reflecting practitioner inexperience and a belief that this would provide greater security. Participants now felt they would be less likely to automatically ask for indefinite ASBOs because these were not required by the nature of the prohibition or the type of perpetrator. An example given was that many perpetrators are transient in nature, frequently moving from place to place.

5.8 For some landlords placing an indefinite duration upon an ASBO was simply a standard approach or part of their official policy. Others focus group participants argued that this could contravene the spirit of the Human Rights Act 1998.

ASBO breaches

5.9 The CIHS report on ASBOs found that there had been '118 alleged breaches of ASBOs' in the 16-month period to April 2003. It was not, however, completely clear whether this referred to the numbers of ASBOs breached at least once, or the numbers of ASBO breaches (bearing in mind that a single ASBO might be subject to multiple breaches). Neither was it clear what the '118 breaches' amounted to in terms of the proportion of ASBOs subject to breach.

5.10 In an attempt to collect more meaningful information on this subject, our survey attempted to phrase questions on breaches in ways that might prove unambiguous. Most importantly, we sought statistics on the numbers of Orders breached in 2003/04 (numerator) and the numbers of Orders in force during 2003/04 (denominator). From the survey results it appears that our efforts here were only partly successful. A few authorities, for example, cited smaller numbers of ASBOs in force during 2003/04 than the number granted during 2003/04 (in fact, the number in force during the year should have, in every case been equal to or greater than the number granted during the year) ¹³. 'Breaches' statistics cited by some authorities have, therefore, had to be discounted from the analysis which follows.

5.11 Focusing on the 25 LA areas for which 'valid' data appears to have been submitted, a total of 213 ASBOs were in force during 2003/04. Of these, 144 (67 per cent) were allegedly breached during the year. In a number of authorities all ASBOs in force were reported to have been breached during the year. Data from the Scottish Executive Justice Department is also at a variance with the survey returns. This will be examined in more detail during the later stages of the study to improve our understanding of this important issue.

5.12 Table 5.2 shows that a significant majority of alleged breaches resulted in further court action. Just under three quarters of breaches were reported to the Procurator Fiscal. Seven per cent were detained in custody for an appearance in court. In just 17% cases was no action taken following initial police or officer visit. The focus group participants were unable to offer much explanation or provide additional information about ASBO breaches. This topic will be explored during the case studies.

Table 5.2: Action taken on breaches, 2003/04

Source: Email Survey

5.13 The majority of organisations which had recent experience of using ASBOs (i.e. having applied for an Order during 2003/04) asserted that the behaviour of perpetrators subject to ASBOs 'usually improves' (15 of 26 organisations). Four of these respondents believed that the behaviour of perpetrators 'usually remains unchanged', whilst four considered it impossible to generalise..

5.14 Focus group participants felt that in Order for an ASBO to be effective - to convince the community - and potential perpetrators of ASB - they will work - then a breach must be seen to be supported in court. If they are not, then the ASBO use may well decline.

5.15 It was emphasised by stakeholders that a breach of an ASBO should not in itself signify a failure. Further guidance on monitoring, identifying and dealing with ASBO breaches was requested by practitioners.

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