Anti Social Behaviour Order

I was particularly interested in the section devoted to Anti-social behaviour and, more specifically, the penalties you have at your disposal. Could you please provide answers to the following questions or, if you are not the appropriate authority, pass them on to someone who is.

Fixed penalty notices: what percentage of these are not paid by the due date and what percentage are never paid ie 'written off'?

Penalty notices for disorder: what percentage of these are not paid by the due date and what percentage are never paid ie 'written off'?

Acceptable Behaviour Contracts: what percentage of these are breached?

Anti-social Behaviour Orders: what percentage of these are breached? Of those that are breached, what percentage result in a fine (that is paid) or a custodial sentence?

It would be helpful if these figures could relate to the whole of Cheshire, and to a significant period of time, say 2008.

In accordance with section 1(1) (b) of the Act our response is provided below;

Question 1. 20% not paid. We do not hold any information in relation to any penalties 'written off'. The enforcement of penalties is a matter for the Courts

Question 2. 39% not paid. We do not hold any information in relation to any penalties 'written off'. The enforcement of penalties is a matter for the Courts

Question 3 & 4. In relation to Acceptable Behaviour Contracts and Anti Social Behaviour Orders. We are unable to provide this information within the time constraints of FOI. Information relating to persons subject to these orders, which are essentially between the Courts and an individual, is not held centrally. As the orders can be applied for by a number of agencies, not just the police, the retrieval of information to answer your request requires a 'trawl' around various people who coordinate the anti social behaviour aspects of the crime & disorder partnerships. This it is estimated would exceed the appropriate limit. The appropriate limit is defined in the Data Protection and Freedom of Information (Fees and Appropriate Limit) Regulations 2004, which is covered by statutory Instrument Number 3244 of 2004. Furthermore, Section 12 of the Freedom of Information Act 2000 allows a public authority to refuse to respond to a request for information where the cost of compliance would exceed the appropriate limit as defined by the above mentioned regulations.

You may care to read the Home Office publication 'A Guide to Anti Social Behaviour Orders and Acceptable Behaviour Contracts' This will give you an insight into how extensively they can be used, what they can be used for and who can apply for them. You will note that the police are just one of a number of agencies which includes social housing landlords. Please see the following web pages:

Home Office ASBO