What criteria needs to be met for an ASBO?
ASBOs may be applied for where the following grounds are met: • the defendant is aged 10 years or over • he defendant has acted in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as the defendant • the ASBO was necessary to protect persons in the local government area from further anti-social acts • the relevant authority can prove to the court that the defendant has committed acts of anti-social behaviour within the last six months as part of a pattern. The civil status of ASBOs means hearsay and professional witness evidence can be heard in ASBO applications. This is an extremely important feature of ASBOs because those subjected to the anti-social behaviour or those reporting the behaviour can be protected.
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