Anti-Social Behaviour | Frequently Asked Questions

Form 4A: interim anti-social behaviour order on conviction
Form 5: summons on complaint for variation/discharge of anti-social behaviour order, interim anti-social behaviour order, anti-social behaviour order on conviction, and interim anti-social behaviour order on conviction

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Do I need to consult before seeking an anti-social behaviour order on conviction?

There is no formal legal requirement to consult before seeking an anti-social behaviour order on conviction under Article 6. However it is good practice to do so.

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Who do I need to consult for an anti-social behaviour order application?

Statutory consultation requirements:

PSNI - must consult the local council for the area where the subject of the application resides or appears to reside and the NI Housing Executive where the person resides or appears to reside in their premises.
Council - must consult with PSNI and the NI Housing Executive where the person resides or appears to reside in their premises
NI Housing Executive - must consult with both PSNI and local council for the area where the subject of the application resides or appears to reside

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Can an individual be the subject of more than one anti-social behaviour order at the same time?

Technically this is possible, but it is poor practice. It would be better to apply to amend the original order to cover the whole of the anti-social behaviour than to have more than one order.

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Are special measures available in anti-social behaviour order hearings?

Yes. Vulnerable or intimidated witnesses as defined in the Criminal Evidence (Northern Ireland) Order 1999 http://www.opsi.gov.uk/si/si1999/19992789.htm are eligible for special measures in anti-social behaviour order applications, variations, discharges and appeal proceedings. It is up to the court to decide whether to grant special measures.

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Can I apply for an anti-social behaviour order ex parte (i.e. without notice to the defendant)?

No, unlike in England and Wales, there is at present no facility to apply for an anti-social behaviour order without giving notice to the defendant. However, a court can make an anti-social behaviour order even if the defendant does not turn up at the court hearing, provided they have been given prior notice of the application.

The power to seek ex parte interim anti-social behaviour orders is under consultation until 31 January 2008 as part of the draft Criminal Justice (Northern Ireland) Order 2007.

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How can I get an anti-social behaviour order if no witnesses are prepared to give evidence in court?

Professional witnesses such as police, housing or council officers may give direct evidence of any anti-social behaviour they have witnessed and may also give hearsay evidence detailing what other witnesses have reported to them. This may also enable the professional witness to give direct evidence as to why the witness is not willing to give evidence in court eg if they are too scared of the defendant.

An anti-social behaviour order can be granted solely on the basis of hearsay evidence although it is preferable that direct witness evidence is given before the court.

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What is a community impact statement?

A community impact statement describes to the court the anti-social behaviour problems in an area so that the court has the full picture of what it is like to live and work in the area. Community impact statements are designed to give an indication of the impact that the defendant's anti-social behaviour has had on the community. They also assist the court's understanding of the matter before it so that it can respond appropriately. The incident of the anti-social behaviour, its effect on the immediate victims and the community as a whole are relevant and should be taken into consideration.

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Who can make a community impact statement?

A community impact statement can be made by a person not directly involved or affected by the anti-social behaviour problems it describes, but who is in a position to give evidence of its impact on behalf of those who are. This could be, for example, a local councillor, or minister of religion. Victims often have a real fear of reprisal in anti-social behaviour cases because of their proximity to the perpetrators, and having a third party give this evidence helps protect vulnerable victims while ensuring their voice is heard by the court.

For anti-social behaviour order applications, community impact statements can be given by a representative of a relevant authority and describe the general problems of anti-social behaviour in the area to supplement other evidence regarding the specifics of the defendant's behaviour.

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What do I do when a perpetrator has a disability or mental health problem?

There will be occasions where the behaviour of a person with a disability or mental illness is unacceptable and should be addressed through an intervention which may involve specialist support. In such cases a specialist should be involved in the design of any intervention so it can be properly tailored to the individual needs of the individual and their carers.

It may be helpful to convene a case conference to bring together agencies who are able to contribute to the case and have information about the individual in question are present, along with the person who has lead responsibility for the case.,l

If there is any evidence to suggest that the person behaving anti-socially may be suffering from drug, alcohol, or mental health problems, social services and other support agencies should be engaged. Provision of any support should run parallel with the collection of evidence and action against the anti-social behaviour.

The Disability Discrimination Act 1995 provides a general safeguard when taking court action against an individual that has a disability.

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What can I do if a perpetrator is under 10?

The age of criminal responsibility is 10 and a child under this age cannot be prosecuted. The minimum age for an anti-social behaviour order application is also 10.

Where the perpetrator of anti-social behaviour is under the age of 10 informal measures will have to be used and must involve the child's parent(s) or guardian(s).

Action may take the form of warning letters to the child's parents or guardians or a interview with the parents or guardians to bring their child's behaviour to their attention and to seek their assistance in dealing with the behaviour.

As acceptable behaviour contracts are informal voluntary measures responsible agencies could agree such a contract with a child under 10. This should be supported with an informal parental control agreement where the parent(s) or guardian(s) agree to actions they will undertake to control their child's anti-social behaviour. The suitability of an acceptable behaviour contract for a child under 10 will be a judgement call on a case by case basis. Where one is not suitable a parental control agreement alone may be an option.

Where a child's anti-social behaviour is persistent even after intervention, it would be advisable to engage social services or other support agencies to work with the family as there may be underlying issues contributing to the behaviour.

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How can I support victims and witnesses?

Gaining trust and confidence is key, particularly at the first stage when the report is made. Victims and witnesses need support throughout the process: from report, to court hearing, to remedy and beyond.

Key points:

Before court:

Have clear and simple reporting channels.
Tell the witness how their report will be dealt with and in what timescales and keep them informed of progress.
Consider the witness' personal circumstances: do they need protection such as new window locks or a panic button.
Provide an emergency out of office contact and put the witness in touch with other witnesses who might be able to offer support.

At court:

Familiarise the witness with the court before the hearing and arrange transport to the hearing for them.
Make arrangements for childcare and consider reimbursement for expenses incurred.
Escort the witness at all times and arrange a police presence if necessary.
Secure provision of a secure waiting area.

After court:

Inform victims, witnesses, the community and relevant agencies about successful legal action.
Provide ongoing support for as long as the witness needs it and it is practical.

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Can I use publicity when I have taken action against anti-social behaviour?

Sharing information on action taken against anti-social behaviour with those affected will assist in building their confidence that statutory agencies can and will take action to protect them.

What information should be shared must be considered on a case by case basis. For example you may wish to inform people that a named individual is subject to an anti-social behaviour order and what its conditions are; however where more informal action such as agreeing acceptable behaviour contracts is taken it may be more appropriate to simply inform the community of this without releasing any personal details.

Any disclosure of information should be necessary and proportionate to the aim it seeks to achieve.

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