Enforcement measures
The Police and Local Authority have a range of legal powers available to curb the behaviour of those who persistently and wilfully cause harassment, alarm or distress to others. These include:
- Anti-Social Behaviour Order
An ASBO is a civil Order which places restrictions on people who behave in an anti-social manner based on the behaviour which has caused harassment, alarm or distress to others. The restrictions range from not using foul language, threatening or violent behaviour to clauses excluding individuals from visiting certain areas and restricting their assocation with certain people. ASBOs are intended to address the unacceptable behaviour of individuals and in themselves do not criminalize people. However if individuals do not modify their behaviour and break, or breach, the ASBO conditions they are dealt with by the Police under Criminal Law. If found guilty the individual could face up to 5 years in prison. 12 of the ASBOs currently in force in the Borough are 'stand alone' ASBOs which are not attached to a criminal conviction.
- ASBO upon Conviction
A CrASBO is an Order granted at the time of sentencing for a criminal offence and containing restrictions relevant to the person's offences. It does not form part of the sentence but is a separate civil order.
Of the 57 live ASBOs that GMP (Greater Manchester Police) and Bury MBC have obtained, 45 of these have been CrASBOs. These provide additional protection for the community from those who actions have already brought them under the sanction of the criminal justice system.
- Legal Measures under Tenancy Agreement
These include Undertakings, Injunctions and Possession Orders. For further information please see Six Town Housing web site.
- Fixed Penalty Notices for Environmental Crime
Environment Enforcement Officers can issues FPNs for those caught dropping litter or for fly-tipping, fly-posting or grafetti. They can also prosecute those who don't pay or are persistent offenders. For more information see Environmental Services web site.
- Noise Abatement Notice
This can be issued by the pollution team in response to complaints of excessive noise from any premises apart from a council house which are dealt with by Six Town Housing (link to web site). If the perpetrators continue with the noise nuisance they can be prosectuted or have their equipment seized.
- Parenting Order
An Order made by the court when the young person is convicted of an offence. The Order lasts for up to 12 months and includes a requirement to attend a counseling and guidance programme for up to 3 months. The YOT is often the responsible officer assigned by the court as they are well placed to co-ordinate parenting guidance and counseling.
