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C hapter Four - ASBO Offences and Perpetrators

Introduction

4.1 This chapter considers the types of offences that have led to applications for ASBOs, including their location. It also provides an analysis of ASB perpetrators on whom ASBOs have been served in terms of variables such as housing tenure, gender, age and whether they acted on their own or in a group. Much of this is taken from the surveys of LAs that were conducted, but it is also supplemented by an analysis of data from the four case study areas. This will help to provide a detailed understanding of the behaviour that leads to ASBOs as well as those who commit such behaviour. We will also test whether the prohibitions are a match to the related offences.

Type of Offence Triggering ASBO Action

4.2 As shown in Figure 4.1, most ASBO applications relate to incidents of ASB committed in and around the perpetrator's home. The case file review also found that the main location of ASB was either in or near the perpetrator's own home (or both) and applied to over 80 per cent of the cases examined (see Table 4.1).

4.3 However, over the three years of the DTZ survey, the proportion of applications made for ASB in non-residential areas has increased: only 3 per cent of applications in 2003/04 were made in relation to ASB in or around commercial property or in public areas, but this had risen to 12 per cent in 2005/06. Closer analysis reveals that this increase is concentrated in a small number of LA areas. In 2005/06, Dundee, Fife and North Lanarkshire recorded 73 per cent of all incidents prompted by ASB in areas around commercial property and 63 per cent of all incidents prompted by ASB in public areas were in North Lanarkshire and Dumfries and Galloway.

4.4 In the case file review, six of the cases examined related ASB in areas of commercial property.

• Four cases involved prolific shoplifters and the ASBOs granted by the courts stipulated exclusion zones, banning individuals from areas such as shopping centres, retail parks and main shopping streets. Three of these were in Dundee and one in Dumfries & Galloway.
• Two cases involved individuals who were acting antisocially within offices of local services (these included Housing Association, Social Security, Job Centre, Criminal Justice, Citizens' Advice Bureau, Social Services and Shelter). The behaviour in both cases involved verbal abuse, threatening behaviour and vandalism and was placing staff and other customers in a state of fear and alarm. One case was in Dundee and one in Dumfries & Galloway.

4.5 Incidents taking place in public areas generally related to rowdy and intimidating behaviour taking place in parks, city centres and other non-residential areas. There were five such cases (three Dumfries & Galloway, two Edinburgh and one Dundee).

Figure 4.1. Main Location of Incidents Prompting ASBO Applications

Notes to Figure 4.1
1 - DTZ Surveys are verified where possible with Communities Scotland APSR data, however, this breakdown is not requested in APSR. Totals therefore vary slightly from headline figures.
2 - The breakdown reported in some survey returns includes double counting of full ASBOs previously granted on an interim basis and this is reflected in the above data.
3 - For the reasons outlined above, these percentages should be viewed as indicative.

Table 4.1. Location of main incident prompting consideration for ASBO application

Source: Case file review.
Note: these application were made between June 2003 and June 2005

4.5 The type of ASB prompting ASBO action is explored in the 2004/05 and 2005/06 surveys. While the question wording altered and does not provide directly comparable information for both years ¹⁸, it does confirm that the majority of ASBO applications are prompted by ASB in residential areas in response to noisy or rowdy behaviour, intimidation or neighbour nuisance. Although most cases considered for ASBO applications were triggered by 'excess noise' within the home, the case review found that most noise nuisance cases also involved other types of behaviour, such as rowdy behaviour, throwing things from windows, vandalism to communal areas, and verbal abuse and intimidation of neighbours. This was reflected in all four case study LA areas.

4.6 Only one of the four LAs in the case file review sought ASBOs to restrain the behaviour of people allegedly committing acts of prostitution. In the two cases examined, it was emphasised that it was not the act of prostitution that the ASBO was being used to tackle. Rather, the underlying aim was to counter ASB associated with prostitution, such as intimidation of local residents, harassment and rowdy behaviour. Both cases were 'complainer led' and occurred within residential areas.

4.7 Although drug misuse and dealing was identified as an issue in a significant number of cases (see below), there was no case involving an ASBO prompted solely by such misconduct. Where drug use or dealing was identified, this was always accompanied by other types of problem behaviour such as noise nuisance and intimidation.

4.8 Perhaps most interesting is that the extent to which the subjects involved in the cases reviewed were also allegedly engaged in criminal activities. Of the 128 cases, in at least 81 the subject was also involved in some form of activity which could be classified as criminal. While this analysis takes a maximal approach ¹⁹ to classifying 'criminal' activity, it illustrates that the line between ASB and criminal activity is often blurred. Furthermore, the analysis does not differentiate between 'lower level' crime (such as breach of the peace or petty theft, to more serious offence (such as death threats, serious assaults and attacks using weapons).

4.9 In some cases criminal charges were being brought against persons committing such offences. Our review found that in at least 18 cases, criminal charges (either current or previous) were brought against the subject. However, in some other cases ASBOs were being used instead of such action ²⁰. It is clear then that ASBOs were sometimes used in exchange for criminal action in relation to cases involving low level crime - for example, vandalism and threats and intimidation which are not described as violent. It is possible that, even if these cases had been pursued in the criminal court, they would not have resulted in a conviction due to lack of proof.

Table 4.2. Cases involving alleged offences of a criminal nature

Source: Case file review.
Note: these application were made between June 2003 and June 2005. This table is based on data from 81 cases. Individual cases may have more than one criminal offences associated to them.

4.10 While, for the most part, individual Orders were being sought to address more than one type of misconduct, some were sought with the clear objective of addressing criminal behaviour. Dundee Council had progressed five such cases ²¹: three against 'prolific shoplifters' and two against 'prolific housebreakers'. In these cases, no other ASB was identified beyond these criminal activities ²².

Profile of ASBO Perpetrators

Tenure

4.11 Most perpetrators subject to ASBOs during the course of this research were from households in the social rented sector. The proportion in households rented from Registered Social Landlords, Housing Associations or Housing Cooperatives increased proportionately after 2003/04. This coincides with a change in legislation allowing RSLs to apply for ASBOs (previously, ASBO applications against RSL tenants had to be made by the local authority on behalf of the RSL). A summary of the proportion of total ASBOs granted by the tenure of the perpetrator's household, as found from the DTZ Survey, is shown in Figure 4.2 below. The case file review sought to characterise the perpetrators for whom an ASBO was considered. In line with the survey findings, the vast majority of individuals subject to ASBOs were social renters.

Figure 4.2 - Household Tenure of Perpetrators - all ASBOs granted

Notes to Figure 4.2
1 - DTZ Surveys are verified where possible with Communities Scotland APSR data, however, a breakdown by tenure is not requested in APSR. Totals therefore vary slightly from headline figures.
2 - The breakdown reported in some survey returns includes double counting of full ASBOs previously granted on an interim basis and this is reflected in the above data.
3 - For the reasons outlined above, these percentages should be viewed as indicative
4 - The wording of this question varied slightly across the three years of the DTZ survey. Significantly, the 2003/04 survey asks for the tenure of the perpetrator for all ASBO applications and all ASBOs granted, the later surveys only ask about the tenure of perpetrator in ASBOs granted. The survey forms are shown in Annex 2, this data refers to question C3 in the 2003/04 survey; question C11 in the 2004/05 survey; and question C9 in the 2005/06 survey.

Gender and age

4.12 Over the three years of the DTZ survey, around two-thirds of all ASBOs granted were against males. More than half of ASBOs granted were granted against perpetrators aged over 25. ASBOs granted against under 16 year-olds represent a very small proportion of overall ASBO activity. The case review is broadly comparable with survey findings, showing that in terms of gender, 71 cases (59 per cent) involved men and 50 cases (41 per cent) involved women.

4.13 Most alleged perpetrators (74 per cent) were aged over 21. In 21 per cent of cases, the alleged perpetrator was aged 16-21, while only four cases (3 per cent) involved individuals aged under 16. Only one 'under 16' case resulted in an ASBO being granted (in Dundee). In the other three 'under 16' cases (all in Dumfries & Galloway), ASBO applications were pending while the LA monitored compliance with conditions set out by an Acceptable Behaviour Contract ( ABC).

Table 4.3. ASBOs granted by age and gender of perpetrator

Source: DTZ Email Survey 2003/04, 2004/05 and 2005/06
Notes to Table 4.1.
1 ASBOs could not be granted against 12 - 15 year olds until 2004/05
2 There are slight variations in total numbers of ASBOs indicated in survey returns compared to headline figures
3 2004/05 figures are split by interim/full due to double counting of interim ASBOs later granted as full in some returns
4 Figures may not sum to 100% due to rounding

4.14 The case file review highlighted that, with only one exception, all 128 cases examined related to alleged perpetrators of White/British origin.

Lone , group or family perpetrators

4.15 More than four-fifths of cases in the case file review involved ASB committed by a lone perpetrator. This is a somewhat higher proportion than revealed in the 2005/06 national survey (which showed two-thirds of cases involving a perpetrator acting alone). The remainder involved families, couples or groups of people. The proportion of cases involving 'gangs' (non-family groups) is very small.

Table 4.4. Cases considered for ASBO application: main incident prompting possible ASBO application - lone individual, group or family offence

Source: Case file review.

4.16 The case review highlighted difficulties in classifying cases on the basis of the extent/nature of accomplices in the ASB. Examples were found where one member of the household was the 'main' perpetrator and the individual against whom action was being pursued. However, other members of the household (e.g. children, partners or visitors to the home) were reported to be 'exacerbating' the problem. There were examples of this in incidents involving young people. In one case, the LA pursued the young person thought to be the main perpetrator of the ASB, despite the fact that the ASB concerned commonly took place in a group setting.

4.17 Indeed, investigating group ASB was reported to be difficult as LAs were sometimes unable to identify the main perpetrator. In one such case, disorder involved a group in their late teens. The behaviour involved playing loud music late at night and racing cars on public roads. In the absence of any evidence relating to an identifiable indvidual, police decided to issue warnings to all individuals thought to be involved. Charges were also issued with respect to the condition of the vehicles.

4.18 Similar issues were encountered in the context of neighbour disputes. The case review revealed that in some instances 'counter claims' were made. Without corroboration by other witnesses, it was difficult to bring legal action against any of the individuals in question.

Duration of antisocial behaviour

4.19 Given the extent of previous involvement in ASB on the part of perpetrators being considered for ASBOs, it was important to research the length of time LAs had been working on the cases examined. In doing so, we have compared the date that the ASB was first recorded (in cases where there were previous incidents we have used the first date relating to the first recorded incident) and the date at which we reviewed the case. Although the cases were in varying stages at the time of review, all had reached a stage where an ASBO was being actively considered. It should also be noted that, in some cases, the ASB is unlikely to have remained constant across the entire period. However, we have based our analysis on the date at which the first ASB was recorded.

4.20 It is clear from this analysis that case study LAs were dealing with a large number of long-running cases. Indeed, in most cases, misconduct had continued for at least a year before an ASBO application was taken forward. This could suggest that LAs are gradually building up expertise in the use of ASBOs and are gradually dealing with a backlog of cases. It also may suggest (as earlier evidence indicates) that LAs are taking time to try out other measures before a 'last resort' consideration of an ASBO application.

Table 4.5. Cases subject to consideration for possible ASBO application - duration of ASB

Source: Case file review
Note: Data available for 110 cases only

Vulnerability and Mitigating Circumstances

4.21 One of the factors often contributing to the lengthy lead-in time for an ASBO application is the investigation of the possibility that an alleged perpetrator may be subject to some type of vulnerability that underlies their ASB. Table 4.6 shows the extent to which investigating officers identified any mitigating circumstances that would impact upon how the case should be handled. It should be noted that vulnerability/mitigating circumstances vary significantly across individuals in terms of their severity.

4.22 Drug and/or alcohol abuse were very common features in the cases examined. Although the case study evidence suggests that such circumstances would not necessarily prevent an ASBO application being made, this finding raises important issues with respect to the provision of support to address the ASB in the long term.

4.23 Perpetrator mental health problems were identified in 11 of the 'possible ASBO' cases examined and in all four case study areas. All proceeded to a successful ASBO application. They also all involved the provision of support measures of some type (prior to or alongside the application).

4.24 Perpetrator learning disabilities were identified in three of the 128 cases (Dundee, Edinburgh and Dumfries & Galloway). All the households involved were receiving support of some type and the investigation concluded that the vulnerability was not associated to the ASB. Therefore, all cases resulted in successful ASBO applications.

4.25 Significantly, in seven of the 128 cases, domestic violence was a feature of the case. Although, in some instances, the behaviour concerned arose from noise complaints by neighbours, in others, the incidence of domestic violence emerged only following investigation.

Table 4.6. Cases subject to consideration for possible ASBO application - evidence of mitigating circumstances / underlying problems

Source: Case file review.
Notes to table:
1 Base = 128, of these no underlying factors were recorded in 51 cases.
2 Individual cases may have more than one mitigating circumstance.

Previous Involvement in ASB

4.26 In at least one-third of cases in the case file review that were considered for an ASBO, the perpetrator had some record of previous ASB. In most cases, such previous ASB was thought to be similar to the act(s) triggering ASBO consideration. There was also prior police involvement in a significant number of cases. This suggests that many of the alleged perpetrators were known to agencies as potentially troublesome individuals even before an ASBO is considered.

Table 4.7. Cases considered for ASBO application: record of previous ASB

Source: Case file review.

Analysis of Prohibition Orders

4.27 This section provides an analysis of a sample of ASBOs covering Dundee, Dumfries & Galloway, Edinburgh and North Lanarkshire. The following issues are examined:

• An overview of the types of ASB
• A comparison of full and interim ASBOs
• An analysis of types of ASB
• A regional comparison
• Cross-matching types of ASB
• Relationships between behaviour and ASBO Prohibitions

4.28 The sample was selected during the 2005 case study analysis. The case study authorities were asked to supply copies of the actual ASBOs granted in the case file reviews undertaken by the research teams. Both interim and full orders were requested. The research team categorised the behaviour in the case file reviews and have compared these with the actual prohibitions served.

Classification of types of behaviour

4.29 We examined the cases covered by the case file review to consider the types of ASB recorded. The cases reviewed were split over the four case study areas - Edinburgh (34% of cases reviewed); Dundee (25% of cases reviewed); Dumfries & Galloway (24% of cases reviewed); and North Lanarkshire (17% of cases reviewed). They covered full ASBOs (41% of the cases reviewed) and interim ASBOs (59% of the cases reviewed).

4.30 The various types of ASB are categorised by the Research Development and Statistics Directorate ( RDS) under four broad headings:

• Misuse of public space
• Disregard for community/personal well-being
• Acts directed at people
• Environmental damage.

4.31 When analysing our ASBO sample, it was found that these four broad categories of behaviour could be categorised further. As shown in Table 4.8, we have defined 12 categories (A-M) of ASB, based on the RDS typology. Each category is defined by covering types of behaviour that are closely related. For example, C-type behaviour covers three specific types of ASB that can all be categorised as sexual offences.

Table 4.8. ASB types

Source: Based on RDS typology of anti-social behaviour

4.32 Figure 4.3, illustrates the number of ASBOs that fall into each of the ASB categories explained above. The pattern of behaviour relevant to full and interim ASBOs follow closely the ratios for the total sample.

• Rowdy Behaviour and Noise behaviour occur with far greater frequency than any other type of behaviour (31 per cent and 28 per cent respectively). Intimidation/harassment behaviour is also relatively common (18 per cent).
• 13 per cent of all of the recorded types of ASB in the sample are classified as 'Other Behaviour'. This covers all other types of ASB that do not fall within any of the specified categories, explained earlier. Examples of such behaviour include shoplifting, housebreaking, and inciting others to ASB.
• There were 13 occurrences of criminal damage/ vandalism behaviour.
• While behaviour types such as nuisance behaviour, littering/rubbish, misuse of public space - drug/ alcohol and misuse of public space - sexual offences occurred in the sample, the numbers involved were small.
• There were no ASBOs in the sample that covered behaviour types involving animal related problems, hoax calls, misuse of public space - vehicles or misuse of public space - begging.

Figure 4.3. Types of ASB

Notes to Figure 4.3:
1. Totals do not sum to 117 since more than one type of behaviour can be recorded in a single case
2. Behaviour types B, D, H and I are not shown because there were no recorded instances

Regional comparison

4.33 A number of observations can be made when the sample is dissected at the regional level.

• Dumfries & Galloway and Dundee have a relatively even split between full and interim ASBOs. However, 85 per cent of all Edinburgh ASBOs included in the sample are interim ASBOs. In contrast, 80 per cent of all North Lanarkshire ASBOs included in the sample are full ASBOs.
• The type of ASB in each region is similar, with rowdy behaviour the most common in each region, closely followed by noise.
• The only noticeable difference between the regions with respect to the types of ASB can be seen by the relatively low instances of intimidation/ harassment behaviour in Dundee. Instead, Dundee has a relatively higher proportion of criminal damage/vandalism and litter/rubbish.

Cross-matching types of behaviour

4.34 It is possible to make a number of interesting observations when the types of behaviour are cross-matched. As ASBOs typically encompass a range of different types of behaviour, this exercise highlights types of behaviour that are correlated.

• Unsurprisingly, given the split of behaviour types explained earlier, there is a high degree of correlation between rowdy behaviour and noise behaviour. Over three-quarters of those who received an ASBO covering rowdy behaviour were also committing acts of noise.
• Of those receiving an ASBO covering intimidation/harassment behaviour (the third most common type of behaviour), 88 per cent were also committing acts of rowdy behaviour and 61 per cent of noise.
• 92 per cent of those who received an ASBO covering criminal damage/vandalism were also committing acts of rowdy behaviour, while 54 per cent were committing acts of noise and 38 per cent were committing acts of intimidation/harassment.
• While the sample numbers are relatively very small, it is worth noting that 100 per cent of those who were engaging in the behaviour types misuse of public space - drug/alcohol, misuse of public space - sexual offences, nuisance behaviour, and littering/rubbish were also committing acts of rowdy behaviour.

4.35 The case study findings indicate that the legal teams and courts seek to ensure that the prohibition in the ASBO is reasonable and proportionate to the ASB behaviour.

Relationships between behaviour and ASBO prohibitions

4.36 Close examination of the ASBOs in the sample reveal that the ASBO prohibitions are generally a close match to the related offence. Indeed, one of the main characteristics of the ASBO (full and interim) is that there is, typically, a high level of detail in the restriction imposed on the offender. In most cases, the restrictions imposed relating to the ASB in question specify very localised geographical areas. In addition, in many cases, the restrictions specify the people involved (i.e. the victims). Hence, it would be fair to suggest that ASBOs aim to prevent the specific cases of ASB occurring again rather than preventing the ASB in an absolute sense (i.e. irrespective of geography or specific individuals).

4.37 One example of the close correlation of behaviour to prohibition shows that the behaviour consisted of rowdy behaviour, criminal damage, making hoax calls and littering. The ASBO served contained prohibitions relating to holding parties, shouting, swearing, playing loud music, vandalising and urinating in the common areas of a given address.

4.38 A second example shows the person engaging in rowdy behaviour, vandalism and nuisance behaviour in relation to neighbours. The ASBO prohibits approaching named neighbours, being verbally abusive to named neighbours, shouting, swearing and playing loud music in a named address.

4.39 The majority of Orders have been broadly categorised as a 'noise constraint'. However, noise was often related to 'other' categories, such as rowdy or intimidating behaviour, fighting, throwing things from windows.

Table 4.9. Cases involving Orders granted: nature of ASBO constraint(s) or prohibition(s)

Base = 82 cases, some cases involved more than one constraint
Note: ASBO constraints have been further investigated as part of a separate analysis of Orders granted to case study LAs.

Duration and Conditions of ASBO Order

4.40 The analysis also considered the duration of the Order granted. Interim ASBOs have no fixed duration: as 'emergency' measures, they are intended to remain in force only until the court's next scheduled sitting (when it is assumed that a full ASBO will be sought where appropriate). When making a full ASBO application to the court, the applicant LA or RSL proposes the prohibitions and the duration of the Order that they consider appropriate.

4.41 The analysis of the duration of conditions highlights the different practices occurring in the four case study LAs. 32 per cent of the case study ASBOs were for one year, 5.5% were for two years, 15.5% for three years and 21% were of indefinite duration. Dumfries & Galloway generally sought Orders for 12 month periods. In one case, an Order was sought for only three months in view of the very strict conditions attached to it (this included prohibiting the subject from allowing visitors after 7pm).

4.42 It should be noted that the high proportion of 'indefinite' ASBOs granted in Edinburgh reflects a largely historical practice. In the six months following the case study visit, the LA has changed its policy in this respect, and now prefers to seek ASBOs for periods of less than three years. Case study findings indicate that practice has changed in this area as it can be a costly and time consuming legal process to revoke an ASBO, whereas a time specified ASBO will simply lapse, but an application for extension can be made where required.

Table 4.10. Full ASBOs granted: duration of Orders

Source: Case file review.

Summary of Main Findings

• Most ASBO applications relate to ASB in and around the perpetrator's home. During 2003/04, only 3 per cent of applications were made in relation to ASB in or round commercial property or in public areas, but this rose to 12 per cent by 2005/06.
• Most cases considered for ASBO applications were triggered by 'excess noise' within the home. Most noise nuisance cases also involved other types of behaviour such as rowdy behaviour, throwing things from windows, vandalism to common areas, verbal abuse and intimidation.
• Of the cases reviewed due to an ASBO being granted, 23 per cent also allegedly involved criminal activities. While in some cases this related to relatively low level crime, in a significant number of cases the alleged offence was very serious. In a number of cases, charges were brought against the persons committing the offences with ASBOs were being used instead of, or alongside such action.
• Analysis into the background of perpetrators subject to an ASBO, shows that the majority live in the social rented sector, are male and are over the age of 21. Eighty per cent of cases involved ASB committed by a lone perpetrator. The remainder involved families, couples, and groups of people, although the number involving gangs is small.
• The case file review demonstrated that a number of these cases were long-running, suggesting that ASBOs were being used as a 'last resort' measure for difficult cases.
• There were vulnerability issues and mitigating circumstances in a number of cases, e.g. substance misuse, mental health difficulties and learning difficulties. This did not prevent ASBO applications, but could lead to support measures being put in place alongside the application.
• In at least one-third of cases reviewed that were considered for an ASBO, the perpetrator had some record of previous ASB. In most cases, this behaviour was similar to that triggering ASBO consideration.
• Analysis of actual ASBO Orders shows that the prohibitions contained in the ASBO are generally a close match to the related offence. One of the main characteristics of the ASBO is that there is, typically, a high level of detail in the restriction imposed on the offender.
• The analysis also considered the duration of the Order granted. Interim ASBOs have no fixed duration: as 'emergency' measures, they are intended to remain in force only until the court's next scheduled sitting (when it is assumed that a full ASBO will be sought where appropriate). When making a full ASBO application to the court, the applicant LA or RSL proposes the prohibitions and the duration of the Order that they consider appropriate.
• The analysis of the duration of conditions highlights the different practices occurring in the four case study LAs. 32 per cent of the case study ASBOs were for one year, 6% were for two years, 16% for three years, 21% were of indefinite duration, and only 2% were for a period of 9 months. The duration for the remaining 23% was unknown.

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