The new ‘adult ASBOs’ in force from October this year

Breaching the order will carry an unlimited fine or a potential prison sentence

From October new ‘Respect Orders’ – also being described as ‘adult ASBOs’ – will come into force, in a major crackdown on antisocial behaviour.

The new ‘Respect Orders’ have been billed as a “modernised” form of the antisocial behaviour orders (ASBOs) created by the last Labour government. They have been issued to tackle behaviour which causes harassment, alarm or distress to members of the public including littering, vandalism, public drunkenness, aggressive dogs or noise nuisance.

They are designed to disrupt and deter persistent offenders of antisocial behaviour. Breaching an order will be a criminal offence and will carry an unlimited fine or a potential prison sentence.

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Policing minister Sarah Jones said: “Respect Orders will ban perpetrators from the places they blight, force them to confront the causes of their behaviour and make breaching one a criminal offence with serious consequences, including prison.

“This sends a clear message that repeat offenders cannot be allowed to make life a misery for local communities any longer.”

‘Respect Orders’ will be available to police officers, councils, social landlords and a range of other public authorities from October 26. Below is an overview of the new ‘Respect Orders’ which will come into force later this year.

How are Respect Orders different to ASBOs?

While ‘Respect Orders’ are being described as ‘adult ASBOs’, there are a number of key differences between them and ASBOs.

One of the main differences is that ‘Respect Orders’ will only apply to adults who display antisocial behavior.

They will also have the ability to attach positive requirements to the order, prompting the offender to undertake activities which will address the underlying causes of their behaviour. This may include offenders attending anger management courses or drug and alcohol rehabilitation treatment.

How are Respect Orders different to existing antisocial behaviour powers?

The original ‘ASBO’ was replaced in 2014 by the civil injunction and the Criminal Behaviour Order (CBO). These are ancillary orders, meaning they can only be made when the offender has been convicted of a criminal offence.

Civil injunctions are civil court orders which cover antisocial behaviour that does not meet the criminal threshold, however breaching them is not a criminal offence and they do not usually have the power of arrest. This means that antisocial behaviour that does not necessarily meet the criminal threshold for a CBO, and is subject to a civil injunction, cannot be easily enforced by arrest under the current legislation.

‘Respect Orders’ will change this as a breach will be a criminal offence, and therefore arrestable. They will combine the flexibility of the civil injunction with the ‘teeth’ of the CBO to give local agencies a powerful new tool to tackle persistent antisocial behaviour.

What powers will police have under ‘Respect Orders’?

With ‘Respect Orders’ police will have the power to immediately arrest those who are flouting the order. This means people who breach a ‘Respect Order’ could be arrested and face a wide range of penalties at court, including community sentences and potentially prison time.