IN 1999, the Government introduced ASBOs Anti-Social Behaviour Orders to stop trouble-makers from terrorising their neighbourhood. But to date, Wiltshire agencies have issued only one such order, the lowest number in the country. GEOFF BENNETT asks why more isn't being done to crack down on known thugs
WILTSHIRE is failing to crack down on troublemakers by taking out Anti-Social Behaviour Orders, figures suggest.
But in Swindon a partnership of agencies says it is working hard to push such orders through the courts.
Wiltshire has issued just one ASBO - the lowest number taken out by any English county. In some inner-city areas more than 50 such orders have been made.
The orders, introduced in April 1999, can stop a troublemaker visiting a particular street or building, or from harassing a person.
Because they are a civil measure they require less strict evidence than if a person was charged with an offence in a criminal court. They can be used against anyone over 10 years old, with a maximum penalty of five years in prison or detention if the order is breached and becomes a criminal matter.
Last November, we reported how a 15-year-old boy who admitted breaching an ASBO Wiltshire's only one was placed under supervision for 12 months. Magistrates heard how the boy, who cannot be named for legal reasons, was given the ASBO after a catalogue of crimes. But he broke the order twice within a few weeks of it being issued in July. He was found in possession of a knife on August 1 and had been seen using abusive language and threatening behaviour.
This week we reported how evidence is being sought for ASBOs on five youths believed to be at the core of problems for pensioners Ray Millin and Valerie Hearn, who have suffered vandalism at their home in Derwent Drive, Upper Stratton.
Coun Barrie Thompson (Lab, Parks) Swindon Council's lead member for community and equalities, hit back at suggestions that ASBOs have not been targeting problems in town.
He said: "ASBOs are new. They have only been here about 18 months and there was some coordination to be done in legal areas about using them. It was a matter of getting together all the criminal justice sections such as probation, the Youth Offending Team as well as the local authority. We did it originally without an ASBO officer but now we have one in post."
In December, Cheri Wright was appointed as Swindon's Anti-Social Behaviour Coordinator.
Sue Tilley, crime and disorder manager of the Premier House based team, said they worked with partners such as the police and the Youth Offending Team. She confirmed that more ASBO applications are due in Swindon.
"Most of our work is about prevention. Though some people use ASBOs as performance indicators, we don't," she said. "We are very pro-active."
Mark Walker, Swindon Council area estates manager, said: "ASBOs are just one tool in the kit bag. In the case of the ASBO we have issued, the person did not want to stop causing offences and it was a measure of last resort. Several more are being considered but it is a bureaucratic process."
Mr Walker added that while there has been only one ASBO in Wiltshire there have been some 50 Acceptable Behaviour Contracts in the county written agreements between a person whose behaviour has been identified as being anti-social and Wiltshire Constabulary, Swindon Council and any other agency. Injunctions have also been imposed.
A crucial aspect of ASBOs is evidence gathering on the alleged offending. In September 2001, residents of Swindon's red light district around Manchester Road hoped the new law would answer to the problems that have plagued their lives. Police and the council brought an ASBO that would have seen four alleged prostitutes banned from going into the area between 7pm and 7am. But the attempt failed as Swindon magistrates decided there was not enough evidence to substantiate allegations that the four had caused harassment, aggravation or distress to the residents.
Insp Bill Halsey, of Swindon police, said: "We are seeking to use ASBOs where appropriate. We would always seek to deal with criminal offences where they have been reported to us.
"ASBOs are a useful tool. But the evidence gathering process is lengthy and we have to be sure such a time-consuming process will ultimately be worthwhile.
"When we have set out to gather such evidence, potential witnesses have declined to give evidence for fear of repercussions. This is a problem which needs to be resolved."
Julia Drown, Labour MP for South Swindon, said the police, local authorities and courts could all do more to increase the number of ASBOs issued.
She said: "We must make sure magistrates are kept independent of efforts to use ASBOs to tackle the problems we experience in Swindon. However, there is expertise within court administration, the police and the local authority that we should be using."
The areas with the highest number of ASBOs is the West Midlands (96). After Wiltshire, the lowest take.
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