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Footnotes
1 It should be acknowledged that
Scotland's
ASBO regime Scotland differs somewhat
from that operated in England and Wales (particularly as it
relates to young people). In broad terms, however,
comparisons between the use of
ASBOs North and South of the border are
legitimate.
2 Whilst the number of
ASBOs granted in 2003/04 was
considerably fewer than the number of Orders sought (148 as
against 235) it should not be inferred that the difference
represents applications rejected by the courts. Whilst this
will have been true in a small number of cases, the main
reason for the disparity is probably that some
ASBO applications entered in court in
2003/04 remained outstanding at year end.
3 Data from the Scottish Household
Survey (2003) revealed that experiences of neighbour
serious disputes were highest in Glasgow. Incidences of
neighbourhood problems such as vandalism, groups of young
people hanging around and people drinking and using drugs
were also above average in Glasgow.
4 The Scottish Executive have provided
additional funding to
LAs for services to be provided on a
cross tenure basis from 2004/05
5 That is, a service financed from
council tenants' rents
6 Detailed information on the use of
ASBOs in England and Wales is available
only for the period covered by Campbell's study
7 The Criminal Justice (Scotland) Act
2003 (the 2003 Act) enables registered social landlords (
RSLs) to apply to the courts for Anti
Social Behaviour Orders (
ASBOs). The relevant part of the 2003
Act came into force on 27 June 2003.
8 As detailed in paragraph 1.11 this
report has relied on Communities Scotland
APSR and
LA email survey returns to provide a
full picture of
ASBO applications and orders during
2003/04.
9 This unpublished data is collected
through the courts rather than from local authorities and
other organisations making
ASBO applications
10 For example, the Scottish Household
Survey 2003 found that, with respect to a range of
'neighbourhood problems' (e.g. noisy neighbours, vandalism,
substance abuse) the proportion of respondents reportedly
affected was higher in Glasgow than in any other local
authority area (see (
http://www.scotland.gov.uk/library5/housing/shsar03-09.asp#437
, downloaded 28/01/05)
11 The Protection from Abuse Act 2001
allows arrest for breach of interdict if the interdict has
been applied for by an individual but not for those applied
for by an agency
12 As indicated in para 1.2 the position
is different in England and Wales where the police can
apply for
ASBOs on their own account.
13 The relevance in the context of breaches being that,
because '
ASBOs in force' is used as a denominator
for 'breach rates', doubts as to the credibility of these
figures for some
LAs undermine confidence in calculated
breach rates in these areas.
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