What is an ASBO?

ASBOs are civil orders granted by the courts on application by a senior Garda to limit or stop a type of named behaviour. If you break the Order it is a criminal offence.

What does ASBO stand for?

ASBO stands for Anti-Social Behaviour Order. Anti Social Behaviour Orders came into law for young people (12-18) on March 1st 2007.

Anti Social Behaviour is behaviour that;

“causes or is likely to cause harassment or significant or persistent alarm, distress, fear or intimidation to another person, or significant or persistent impairment in the use and enjoyment of their property by the other person.”

This means that Anti Social Behaviour is a behaviour that has caused or is likely to cause ongoing anxiety, distress, fear or intimidation to a person.  It is also a behaviour that causes damage to a person’s property or stops them from enjoying their own property because of someone else’s behaviour. 

In what situation could you get one?

Before an order can be sought certain steps have to be followed;

• Firstly, a Garda may issue a young person (and his parents or guardian) with a ‘Behaviour Warning’ either orally or in written form.  If the warning is given orally, it must also be put into writing soon after it is given.  The behaviour warning must include a statement from a Garda that the child has behaved in an anti-social manner, details about the incident(s), the time it took place and the location, and a demand for the child to stop the anti-social behaviour.  The warning lasts for three months.

• If the behaviour continues, the Garda must prepare a report for the Superintendent, who can then decide to have a meeting between the child and his/her family, Gardaí/Junior Liaison Officer (JLO) and other interested parties. The purpose of the meeting is to draw up a “Good Behaviour Contract”.  The contract lasts for up to 6 months and may be renewed for another 3 months by either the child and their parent(s) or guardian, or after another meeting called by the Garda Superintendent.

These steps may not be required if the Superintendent believes they will not help to stop the child’s further involvement in anti-social behaviour.

• If the Contract fails, or no meeting takes place, the child can be admitted to the Garda Diversion/JLO programme. If this is not suitable an application can be made by the Superintendent to the Children’s Court for a Behaviour order.

• The Court can make the Behaviour Order if it is necessary to stop further anti-social behaviour and it can attach conditions to the Order, including prohibiting certain behaviour and being in a certain place. It can also require the child to attend school and place the child under the supervision of a parent. The Order can last for no longer than two years and can be varied, discharged or appealed. Legal aid may be available to somebody facing an order in court. 

Breaking the Order is a criminal offence and involves penalties of up to €800 and/or three months detention.  Failure by a young person to provide a name and address when asked to do so by a Garda may be fined up to €200.

Where can I get more information?

In 2007 The Children’s Rights Alliance with the support of Youth Work Ireland & the National Youth Council of Ireland set up ASBOWATCH to monitor how ASBO’s are being used. The aim is to gather information about young people’s experience of ASBO’s.  This information will contribute to a proper oversight of ASBO’s and ‘Behaviour Warnings’ how they are being used and their impact on children’s lives.  Check out www.asbowatch.ie