Driver Asbo

[danchip]

My son received an ASBO from the police on Friday night due to the exhaust on his car being too loud and people had videoed it and complained. 

Can he request the evidence which the police have used to decide to issue an ASBO 

[Peter Pedant]

well it is his data so I would have thougt yes

BUT has he thought of fixing the exhaust?

[Hymie]

Maybe those who videod the car, increased the audio gain on the submitted video – I can’t see how the police could issue an ASBO on such evidence that could easily be manipulated.

 

For a fee, I could attenuate the audio on the video, and plod would void the ASBO.

[barry1010]

I wouldn't bother for an ASBO, it's not a criminal conviction and you won't have a criminal record.

You will only be committing an offence if you are caught doing it again

[davebro3]

I thought ASBOs were issued as a result of court proceedings for a criminal offence. Am I wrong?

[barry1010]

Yes

[barry1010]

"If you're given an ASBO this doesn't mean you've been convicted of a crime, and it won't be part of a criminal record. But it is a crime to break the terms of an ASBO."

https://www.mygov.scot/asbo

 

[davebro3]

yeah - but can the police just issue one without reference to a court? (I'm not bothered enough to look it up!)

[davebro3]

They can do that thing about inappropriate driving behaviour - were you get put on notice & any repeat in 12 months gets your car impounded.

[barry1010]

Do you mean a Criminal Behaviour Order? That's issued by a criminal court.

An ASBO is a civil order

[davebro3]

There are two different types of ASBO – the ASBO on conviction and the ASBO on application. The ASBO on conviction is a civil order attached to a criminal conviction in the Crown Court, magistrates’ court or youth court and is applied for by the prosecutor at the request of the local authority or police. The ASBO on application can be used where someone has not been convicted of a criminal offence but is causing harassment, alarm or distress to others.

The ASBO on conviction will be replaced by the Criminal Behaviour Order, whilst the ASBO on application will be replaced by the injunction to prevent nuisance and annoyance.

[davebro3]

https://www.legislation.gov.uk/ukpga/2014/12/notes/annex/2

not sure if this is applicable

[davebro3]

//Police or any social landlord can apply for an injunction to prevent nuisance or annoyance (IPNA) to stop antisocial behaviour of any person ...//

so no more ASBOs any more...

[davebro3]

but yeah - just get the flippin exhaust fixed🤣

[barry1010]

No, that just tells us that the legislation detailed in the previous pages have replaced ASBOs

[barry1010]

No ASBOs in England and Wales but Scottish ASBOs are alive and kicking

[davebro3]

//You can get a civil injunction, Community Protection Notice ( CPN ) or Criminal Behaviour Order ( CBO ) as punishment for antisocial behaviour. Civil injunctions, CPNs and CBOs replaced Antisocial Behaviour Orders (ASBOs) in England, Wales and Northern Ireland. ASBOs are still used in Scotland.//

[barry1010]

That's what I said. ASBOs in Scotland.

[davebro3]

I'm not arguing with you Barry & I don't know if the OP is in Scotland or elsewhere. If you must have the last word please take it cos I'm fed up of this thread now and will not open it again.

[Hymie]

According to the OP, I could video anyone driving down the road, over dub an audio track (with a loud exhaust) and have plod issue them with an ASBO – is this for real?

[danchip]

I'm in Scotland, the police are doling them out left right and centre. Must be their new way to tackle crime. My son has replaced the exhaust but now has this hanging over his head for a year and the person who made the complaint has already complained again about him driving on the road at unsociable hours