Environmental crime
The most visible manifestations of anti-social behaviour are often seen in public places such as parks, play areas, shopping precincts and town centres. Graffiti, street litter, abandoned vehicles, dog fouling – all these things serve to drag down a local area. A small group can demoralise a whole neighbourhood by carrying out acts of environmental crime.
Evidence suggests that if swift action is taken to deal with every case of environmental crime, it is less likely to recur. Conversely, incidents that may be relatively minor in themselves can have a serious cumulative impact if left unchecked. Small problems can escalate into bigger ones – a case of noise nuisance becomes one of intimidation, the pile of fly-tipped rubbish becomes a mountain, the littered street becomes a magnet for graffiti and vandalism.
EHPs have a range of enforcement powers at their disposal to address these issues. Having identified and assessed the problem, they must be ready to step in promptly with the appropriate sanction.
Recent legislation – the Anti-Social Behaviour Act 2003 and the Clean Neighbourhoods and Environment Act 2005 – has strengthened the arm of EHPs in enforcing acceptable standards of behaviour. The available measures include anti-social behaviour orders, dispersal orders, closure orders, individual support orders, parenting orders, acceptable behaviour contracts and injunctions.
Anti-social behaviour orders (ASBOs)
ASBOs are civil orders that protect the public from behaviour likely to cause harassment, alarm or distress. They are not criminal penalties and are not intended to punish the offender. The order contains conditions prohibiting the offender from specific anti-social acts or entering defined areas, and is effective for a minimum of two years. For example, an ASBO may prohibit an offender from associating with other named people or from going near a house where they have caused problems.
ASBOs can be applied for by local authorities, police forces (including the British Transport Police) and by registered social landlords. They are community-based orders that involve local people in the collection of evidence and in helping to monitor breaches. Breach of an ASBO is a criminal offence which will normally be prosecuted.
The civil status of ASBOs means that hearsay and professional witness evidence can be heard in ASBO applications. This is very important, as it allows for the protection of those subjected to the anti-social behaviour or those reporting the behaviour.