Consultation Guideline for first-time breaches of ASBOs

The Sentencing Guidelines Council (SGC) has proposed that courts dealing with breaches of anti-social behaviour orders (ASBOs) should impose sentences that first and foremost reflect the level of harassment, alarm or distress caused by an offender.

The Consultation Guideline identifies three levels of behaviour involved in breaches:

Adult offenders where use of violence or intimidation

• The most serious cases, in which first time adult offenders use violence or intimidation, make significant threats or target individuals or groups in a way that provokes fear of violence, should attract a custodial sentence of up to two years.
• The guideline advises that sentences can be increased if the offender has a history of disobedience to court orders, if the breach was made shortly after the original order or if the offender targets the same person that the original order was made to protect.
• A lengthy interval between the breach and the order being made could however mitigate the sentence.

Adult offenders where no harassment, alarm or distress caused

• For less serious cases where no harassment, alarm or distress is caused such as drunkenness, begging or ignoring bans on the use of public transport; the SGC proposes the use of a community order.

Young offenders aged 16 or 17

• Where offenders are aged 16 or 17 the court can impose a community punishment order involving unpaid work up to a maximum of 240 hours or a community rehabilitation order which can last between six months and three years which will involve attendance on programme to address offending behaviour.
• In cases where a custodial sentence is unavoidable in the court’s opinion, the starting point should be four months ‘detention.

The guidance emphasises that the first principle of sentencing for a breach of an order is to achieve the purpose of the original order, i.e. to protect the public from behaviour which is likely to cause harassment, alarm or distress.

The courts must also enforce their orders to reassure the public that offenders are dealt with properly.

The Consultation Guideline is available at www.sentencing-guidelines.gov.uk