Anti-social behaviour by adults

In Ireland, Gardaí can deal with anti-social behaviour by adults through a civil process using behaviour warnings and anti-social behaviour orders. Gardaí issue warnings and apply for orders under Part 11 of the Criminal Justice Act 2006.

If you do not comply with an anti-social behaviour order it is a criminal matter.

The rules for anti-social behaviour orders for children are different to those for adults.

Anti-social behaviour is when you cause or, are likely to cause, to one or more persons who do not live with you:

• Harassment, or
• Significant or persistent alarm, distress, fear or intimidation, or
• Significant or persistent impairment of their use or enjoyment of their property.

Examples of anti-social behaviour

For example, if a neighbour continuously plays loud music which annoys and interferes with your peace and quiet this may amount to anti-social behaviour.

If large numbers of people continuously gather outside or near your property or your local supermarket and their behaviour is causing you alarm, distress, fear or intimidation then this behaviour may amount to anti-social behaviour.

When ASBOs do not apply

These anti-social behaviour powers do not apply:

• If the behaviour is by a child. Anti-social behaviour by children (persons under 18 years of age) is dealt with under different laws.
• If the anti-social behaviour is already the subject of criminal proceedings, e.g. if you are already being prosecuted for harassment.

The Gardaí must first give you a behaviour warning before they can apply to the courts for a behaviour order or ASBO.

A behaviour warning puts you on notice that your behaviour is:

• Causing others in the community distress or fear, or
• Is interfering with their enjoyment of their property
• Orders you to stop such behaviour.

The warning includes details of the possible consequences of your failure to comply with the warning.

Who issues a behaviour warning?

A Garda may give you a behaviour warning if you are behaving in an anti-social manner. A Garda does not need to observe or witness the behaviour and can act on a complaint from any member of the public if they are satisfied that it is accurate.

When can a behaviour warning be given?

A behaviour warning cannot be issued more than 1 month after the last time the behaviour took place.

A Garda can give a behaviour warning verbally or in writing. If they give it verbally, the Garda must put it in writing as soon as reasonably possible and then serve it on you personally or by post.

What do I have to tell the Gardaí when getting a behaviour warning?

A Garda may ask you to give your name and address for the behaviour warning or for the written record of the warning. If you fail to give your name or give a false or misleading name, you be may convicted in the District Court and fined up to €500.

How long does a behaviour warning last?

A behaviour warning remains in force for 3 months from the date on which it is issued.

If an application is made for an ASBO, the behaviour warning remains in force until the application for the ASBO is heard by the court.

An anti-social behaviour order or ASBO is a court order against a person who has been shown to behave in an anti-social manner. An ASBO bans you from doing anything specified in the order.

The District Court can make an ASBO if a Superintendent or higher ranking officer of the Garda Síochána applies for an order to the court.

Before the court issues the ASBO, it must be satisfied that:

• You have behaved in an anti-social manner
• The order is necessary to prevent you from continuing to behave in that manner
• The order is reasonable and proportionate in the circumstances, having regard to the effect or likely effect of that behaviour on other people

When can the Gardaí apply for an ASBO?

Before the Garda Superintendent can apply for a behaviour order, one or both of the following conditions must be met:

You

• Have been issued with a behaviour warning and have not complied with one or more of the demands of that warning
• Have been issued with 3 or more behaviour warnings in less than 6 consecutive months

If the Superintendent decides to apply for an ASBO, they must

• Tell you that they intend to apply for an order, and
• Give you the details of the time, date and venue of the court hearing.

They must apply in the District Court area where you live.

When an application is made for a behaviour order, you cannot be charged with, prosecuted or punished for the same behaviour that is the subject of the application.

Yes, you can appeal against an anti-social behaviour order to the Circuit Court. You must appeal within 21 days of the order being made and the Garda Superintendent must be notified. The Circuit Court may extend the appeal period but only in exceptional circumstances.

The ASBO remains in force until the outcome of the appeal unless the District Court or the Circuit Court puts a stay (suspension) on the order.

During the appeal, the court will re-hear the application for an order. The Circuit Court can decide to:

• Make the same order
• Make a different order

or

• Refuse to make an order.

Your ASBO will last for two years unless a shorter period is stated in the order, or it is discharged or cancelled by the courts.

Can an ASBO be changed after it is made?

A court can vary or end an anti-social behaviour order if you apply or if the Garda Superintendent applies.

If you are going to apply for a change or an end to your ASBO, you must give notice of the application to the Superintendent of your local area. If a Superintendent intends to apply, they must notify you.

Are there any criminal offences relating to behaviour warnings?

A Garda can ask you for your name and address when issuing a behaviour warning. If you fail to give your name and address, or you give a false or misleading name and address, then you are committing a criminal offence and are liable on conviction to a class E fine.

Are there any criminal offences relating to ASBOs?

Unless you have a reasonable excuse, you must comply with an ASBO issued by a court. For instance, if your ABSO bans you from being in a particular area at certain times, you may be excused if you are unexpectedly there for a valid reason, e.g. it is connected with your job.

If you do not comply, then you are committing a criminal offence and you are liable on conviction to a class B fine or imprisonment for up to 6 months, or both.

You may also be arrested without a warrant for failure to comply with an ASBO.

Is legal aid available for representation in court?

You can apply for a Legal Aid (Civil Order) Certificate. It may be granted to you, depending on your financial circumstances and the seriousness of your anti-social behaviour. Find out more about Legal Aid Certificates.

If you are affected by the anti-social behaviour of others, you should contact your local Garda station. You should give as much information as possible about the behaviour. You can find the contact details of your local Garda station here.