Local Government Lawyer

Trafford Council Director of Legal and Governance

Councils and the police have been granted powers to take stronger enforcement action against repeat anti-social behaviour offenders through ‘Respect Orders’ that come into force across England and Wales today.

The Government said courts will be able to ban offenders from town centres, stop them drinking in public hotspots, hand out unlimited fines and impose tough community punishments, including curfews or hours of volunteering. 

It added that offenders can also be ordered by the courts to tackle the root causes of their behaviour, from drug or alcohol treatment to anger management courses, “instead of simply returning them to the streets to start the cycle again”.

This marks a difference from Anti-social Behaviour Orders – more commonly known as ASBOs. 

Housing associations and transport networks are among the authorities, in addition to police and local councils, that can apply for a Respect Order.

To receive a Respect Order, the perpetrator must have engaged in, or threatened to engage in, conduct that has caused, or is likely to cause harassment, alarm or distress.

This broad description means a wide range of behaviour could be captured, the Government said.

The Orders must be confirmed by the courts and will be uploaded to the Police National Computer, so police can check to see if an offender is subject to an Order and arrest them for breaching their conditions. 

Breaching a Respect Order would be a criminal offence, with police able to arrest anyone who ignores the rules. Those who flout an order could face up to 2 years’ jail time.

Respect Orders will only apply to adults aged 18 and over but under 18s can still receive an existing Youth Injunction which includes both prohibitions and requirements. 

Home Secretary Shabana Mahmood said: “Unchecked, anti-social behaviour blights our communities. But it is not inevitable and I won’t accept it. For too long, we have lacked the powers we need to deal with this problem properly. From today, that changes: authorities will be able to take tough action against these offenders.  

“This delivers on a commitment we made to the British people in our manifesto. And, most importantly, those who make life a misery for others will now face the consequences of their actions.”

Temporary Deputy Chief Constable Catherine Akehurst, National Police Chiefs’ Council lead for anti-social behaviour, said: “We welcome the new legislation to introduce Respect Orders which will provide police and partner agencies additional tools to tackle anti-social behaviour which we know can so often undermine a sense of safety in communities, erode pride in neighbourhoods, and diminish overall quality of life. 

“This new tool will enable swift enforcement against prolific offenders, while prioritising rehabilitation and support to break cycles of criminal and anti-social behaviour. 

“We have been working closely with the Home Office and College of Policing to support the implementation of these new measures and developed operational guidance to assist frontline officers in readiness for their implementation.”

Harry Rodd

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