ASBO LAW AND OFFENCE
Like most other public order offences, cases of anti social behaviour appear to have been on the increase over the last few years. This is particularly accurate in the case of City Councils and their ASBO charges against persons who may otherwise have been discharged and acquitted by the court. It is an offence which is committed when a person engages in the kind of behaviour that is contrary to the standard social norm and which is also likely to cause damage to the society.
Unlike some other public offences, the damage caused in anti social behaviour does not necessarily need to have been planned. Being negligent enough to cause damage while acting in a manner which has no regard for the consideration of others can also warrant an arrest for anti social behaviour. Any violent, disruptive, and intimidating behaviour which damages property and/or threatens to affect the quality of life of another can therefore constitute anti social behaviour. Bullying, vandalism and harassment are some of the common features of anti social behaviour. Anti social behaviour or ASBO as it is more commonly referred to, is a rather complex area of law.
The first problem it presents is the fact that it is based, majority of the time, on hearsay and reports submitted to the council on the internet and/or the police by ‘concerned’ and anonymous people. It is therefore a relatively easy process. The punishment meted out by the court however where a person with an anti social behaviour order is said to have flouted any of the rules are rather heavy handed. Being a quasi-civil order in which criminal law rules apply rather sparingly and the civil rules of evidence (not the proven beyond reasonable doubt rule in criminal law) largely apply; ASBO is one of the complicated areas of criminal law and in particular under the public order offence.
London’s most prominent criminal defence law networks have several years of expertise in challenging ASBO applications and as a result, many of these have been turned down without our clients ever being stigmatised with the Order or unnecessarily bullied by the system. Even where the Order is already made, we possess the expertise to negotiate terms and to seek that they be reduced drastically. The acute importance of getting a team of expert criminal defence lawyers to challenge the application of an ASBO against you cannot possibly be overemphasised; and the earlier the better.
Do not take the process for granted. There will very likely be a number of lawyers representing the Council and Police Officers providing evidence of your alleged misbehaviour. If you do not have legal representation, it can become very daunting and intimidating. Our Solicitors are of the firm opinion that there are several Orders that would and should have been vigorously challenged had expert legal advice and representation been sought.
Do not leave things to chance, call us today to discuss your matter and we will provide you with the expert advice needed. At London’s most prominent criminal defence law networks, our experience in fiercely fighting our clients’ corner and vigorously defending their cases in the full range of criminal law matters is very extensive. Our lawyers have an enviable reputation of being thoroughly professional and dedicated to ensuring that the best possible outcomes are achieved for our clients.