Antisocial Behaviour

The phrase ‘Antisocial Behaviour’ is frequently used by the media but what does it actually mean?

The Antisocial Behaviour (Scotland) Act 2004 states that:

A person engages in antisocial behaviour if they act in a manner that causes or is likely to cause alarm or distress or pursues a course of conduct that causes or is likely to cause alarm or distress to at least one person not of the same household as them.

The term ‘Antisocial Behaviour’ covers a wide range of acts some more serious than others, for example:

· domestic noise

· amplified noise/noisy parties

· dumping litter and rubbish

· abandoned vehicles

· vandalism and graffiti

· verbal abuse

· threatening or violent behaviour

. drinking in a public place

· criminal behaviour such as. drug dealing

Midlothian Council's Response

Midlothian Council is committed to investigating each incident of antisocial behaviour. Corroborated complaints will result in a number of actions ie; written warnings, youth notices and home visits with the Police. The perpetrator will be advised not to be involved in further antisocial behaviour and the consequences of this will be explained.

If complaints continue we may ask the person to sign up to an Acceptable Behaviour Contract (ABC). Support will be given by various services to assist in stopping the antisocial behaviour.

If a person breaks an ABC a multi-agency Antisocial Behaviour Case Conference may be called. At this meeting it is decided if it is appropriate to proceed with an Antisocial Behaviour Order (ASBO), or if there is other more appropriate action that can be taken. If proceeding with an ASBO, the case will be put to the ASBO Forum, which gives an independent ruling on taking the ASBO forward. If approved, application will be presented to a Sheriff.

The Sheriff may refer under 16s to the Children’s Panel for consideration. In such cases the ASBO does not provide a power of arrest. .

Once an ASBO has been granted by the Court, the Police are responsible for investigating any breaches, details of which are then passed to the Procurator Fiscal for legal action.

Keith Davie  0131 271 3390