The Anti-Social Behaviour Order (ASBO) was designed as a civil/criminal hybrid, preventive in structure and with a largely undefined object. After 2002, legal challenges to the ASBO led to the use of justificatory arguments from cumulative effect, and to the introduction of new measures which offered to regulate anti-social behaviour in more legally acceptable forms. In 2014 the Coalition government replaced the ASBO with two new instruments: a postconviction Criminal Behaviour Order (CBO) and a wholly-civil anti-social behaviour injunction (ASB Injunction). While the CBO and the ASB Injunction build on this history, it is argued that they do not represent a new approach to anti-social behaviour so much as a continuation of the ASBO by other means.
KeywordsAnti-social behaviour, ASBO, behaviour regulation, chronic crime, harassmentIn creating the ASBO, the Crime and Disorder Act 1998 empowered a magistrate to impose a range of prohibitions, requested by a police officer or local authority representative, on an individual who had engaged in an undefined range of behaviours which had either caused or had the potential to cause offence. These prohibitions did not address the offending behaviour directly but were designed to prevent the opportunity for offensive behaviour from arising. Any breach of the prohibitions was a criminal offence, potentially attracting a substantial custodial sentence, irrespective of whether the offensive behaviour itself had been repeated. These three characteristics-the undefined nature of anti-social behaviour; the combination of civil and criminal law used to address it; and the preventive regulatory structure of the ASBO-were novel individually; taken together they presented legal and logical challenges, whose working-out dominates the history of the ASBO.The undefined nature of anti-social behaviour, first, was emphasised in parliamentary debates on what would be the Crime and Disorder Act 1998: Home Office minister Alun Michael insisted on a loose definition, arguing that '[a] narrower formulation would permit the defendant to circumvent the order by subtly changing the anti-social activity in question'. 1 Under the terms of the Act, an ASBO could be