www.asbowatch.ie

ASBOs for children were introduced into Irish law in March 2007.  At that time, the Government committed that ASBOs will only be used as a last resort.  Asbowatch.ie was set up to monitor this commitment.  The aim of the site is to encourage those working with children and young people to contact us with information about their experience of ASBOs and Behaviour Warnings.  How are they being used, and what is their impact both on children and on communities?  We want to hear your stories.  Contact us at:  contact@asbowatch.ie  Please provide contact details as it may be necessary for us to verify some information.

What is an ASBO?

On 1 March 2007, Anti-Social Behaviour Orders (ASBOs) were introduced into Irish law through the Criminal Justice Act 2006.  An ASBO is a civil order produced by the courts in conjunction with the Gardaí, which demands that a child (or adult) stops behaving in an anti-social manner.  A child behaves in an anti-social manner in law if the child causes or, in the circumstances, is likely to cause the following to one or more persons: a) harassment; b)significant or persistent alarm, distress, fear or intimidation; or, c)  significant or persistent impairment of their use or enjoyment of their property[Part 13 Section 159 (2)].  

Behaviour warnings and ASBOs can be issued against any child between the ages of 12 and 18 years of age [Part 13 Section 159 (1)]. 

Why we believe ASBOs will not work

• ASBOs are unnecessary and counterproductive addition to the current framework for dealing with children in conflict with the law.  They are a crude instrument which at best penalise youthful behaviour, and at worst fail to address the needs of young people who are at risk and/or vulnerable. 
  

• ASBOs criminalise behaviour that is otherwise lawful and thus have the potential to criminalise children by the back door.  ASBOs are civil orders which require a lower standard of proof than criminal proceedings and can be based on hearsay evidence.  However, if you breach an ASBO, you risk a detention sentence.
  

• Where a child commits a criminal offence, criminal proceedings can, and should, be brought against them for doing so.  ASBOs blur the lines between civil and criminal law.  Experience from the UK shows that anti social behaviour orders are frequently made with respect to conduct that was punishable under criminal law.
  

• The Children Act 2001 is designed to provide a range of responses that can be tailored by the court to meet the needs and circumstances of individual young people: the provisions of this Act should be fully resourced to allow its full potential to be realised. 
  

• For children whose behaviour calls for state intervention, they should be offered appropriate responses, including mental health services, family or educational support and addiction treatment. 
  

• ASBOs ignore a child’s right to privacy.  The Criminal Justice Act 2006 allows a child’s identity to be revealed to ensure that an ASBO is complied with. ASBOs breach the principles and provisions of the UN Convention on the Rights of the Child, which Ireland ratified in 1992.  The UN Committee on the Rights of the Child in September 2006 was critical of the introduction of ASBOs into Irish law and expressed its concern that ASBOs “will have the effect of bringing ‘at risk’ children closer to the criminal justice system, especially as a breach of an Order is considered a crime. Furthermore, the Committee is concerned that the wide discretion of the judges as to the type and content of an Order may lead to measures that are disproportionate to the impugned behaviour.” 
  

• Communities affected by children’s anti-social behaviour deserve an effective response.  This response needs to include increased investment in diversionary programmes such as Garda Juvenile Diversion Programmes and Garda Youth Diversion Projects; investment in adequate public and social services and community policing to foster positive relationships between the Gardaí and the local community.

   

Steps leading to the issuing of an ASBO

There are a number of steps required, under law, before an ASBO can be issued, and there must be careful documentation of an existing and continuing problem or threat before the court becomes involved.

1. Firstly, a Garda may issue a child (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 of the nature of 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 remains in force for three months. [Part 13 Section 160 (2), (3) and (6)]
   

2. If the anti-social behaviour continues, the Garda must prepare a report for the district superintendent, who can then decide to have a meeting between the child and his or her family, the Garda who issued the warning, a Juvenile Liaison Officer and other interested parties.  The purpose of the meeting is to draw up a ‘Good Behaviour Contract’ between the parties.  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. [Part 13, Section 161, (7) and (9)]
   

3. The district superintendent may refer a child to the Garda Diversion Programme if one of the following conditions apply:
   
   
   - if, after receiving the behaviour warning report, (s)he decides that a meeting to agree on a good behaviour contract is not appropriate;
   
   - that, having agreed such a meeting, the child (or parents or guardian) refuse the undertakings put forward at the meeting;
   
   - the child breaches undertakings made (such as the Good Behaviour Contract).
   

4. The superintendent can apply to the Children Court for a behaviour order (ie an ASBO) if (s)he considers the Garda Diversion Programme inappropriate for the child [Part 13, Section 161 (14) and (15)]. 

An ASBO can be appealed to the Circuit Court within 21 days of the order being made [Part 13, Section 163].

An ASBO can last for no longer than two years and can be varied, dismissed or appealed [Part 13, Section 162].

The court can attach conditions to an ASBO, including prohibiting certain behaviour and being in a certain place.  It can also require the child to attend school, report to a Garda or teacher and can place the child under the supervision of a parent. 

If a child fails to give their name and address for the purpose of being issued with a Behaviour Warning, they are guilty of an offence and may face a fine of up to €200.  Furthermore, if a child breaches an ASBO, they may face a fine of €800 and/or face three months in a child detention school [Part 13, Section 164].  

1 March 2008 – “One Year On”

‘Asbowatch was set up in March 2007 when ASBOs were first introduced into Irish law.  A year later and we are still watching.  A year later and we maintain that ASBOs are an unnecessary and counterproductive addition to the current framework for dealing with children in conflict with the law.  Any measure that has the power to criminalise children by the back door or provide them with a badge of honour for anti-social behaviour has no place in our society.  Asbowatch will continue to monitor when and how ASBOs are used.'

ASBOs in the UK

It is widely believed in the UK that ASBOs do not work and that their use in certain situations has bordered on the ridiculous.  Indeed, Ed Balls MP, Secretary of State for Children, Schools and Families, has branded their use as ‘a failure’ and signalled the end of the ‘ASBO era’.  Examples of ASBOs in the UK (sourced from www.statewatch.org) include:

- a 12-year-old with learning disabilities given an order;
- two brothers banned from meeting in public;
- a 17-year-old forbidden from using the front door of his home until the age of 21;
- a 13-year-old served an order banning him from using the word "grass" anywhere in England or Wales for six years; and
- a 16-year-old banned from showing his tattoos, wearing a single golf glove, or wearing a balaclava in public, anywhere in the country.

Irish Statistics

2008

In February 2008, it was reported in the media that more than 130 Behaviour Warnings had been issued to children and four Good Behaviour Contracts have been made.  

In February 2008, it was reported in the media that more than 130 Behaviour Warnings had been issued to children and four Good Behaviour Contracts have been made.  

2009

Over the two-year period since the legislation was introduced, eight applications for orders were made to the courts and six of these were granted (three for adults and three for children).

A total of 988 behaviour warnings were issued to adults and 684 were issued to children. Twelve good behaviour contracts (used only for children) were also agreed.

(Source: Carl O'Brien, 'Government to review effectiveness of Asbos', The Irish Times, 29 June 2009)

Privacy and Child Protection

Children and young people should always be extremely careful on the internet particularly about giving out any personal information which might identify themselves.

ASBOwatch.ie, the Children's Rights Alliance, and the supporting organisations conform to current best practice in child protection standards as set out in Children First: National Guidelines for the Protection and Welfare of Children (1999) and other codes.  We are bound by the conditions of the Data Protection Acts 1998 and 2002.  The information supplied to this site will be used to assist in the monitoring and oversight of ASBOs by the Children's Rights Alliance.  No personal details will be circulated or made public as a result of contacting this site except where provided for by that Act or by law.