Anti-social Behaviour Orders in Bermuda

(ASBOs)

ASBOs are issued by the court pursuant to the Parental Responsibility Act 2010 (“the Act”).  The ASBO is designed to prevent children between the ages of 10-17 years from offending or from committing more serious offences by prohibiting youngsters from doing certain things.  An ASBO can be given if you meet the following requirements:

(1) you are between the age of 10 and 17 years;

(2) you are engaging in anti-social behaviour; and

(3) the court deems it necessary to protect any member of the public from further anti-social behaviour by the you. 

What is Anti-social Behaviour?

“Anti-social behaviour” is defined under the Act as “behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more persons not of the same household.  This behaviour need not amount to a criminal offence.

If for example you are harassing or bullying someone the police may deem you as a suitable candidate for an ASBO.  The following behaviours have also been known to be tackled by ASBOs in the United Kingdom although it is not yet clear whether these behaviours will constitute anti-social behaviours in Bermuda:

• harassment of residents or passers-by;

• verbal abuse;

• criminal damage;

• vandalism;

• noise nuisance;

• writing graffiti;

• engaging in threatening behaviour in large groups;

• racial abuse;

• smoking or drinking alcohol while under age;

• substance misuse;

• joyriding;

• begging;

• prostitution;

• kerb-crawling;

• throwing missiles;

• assault; and

• vehicle vandalism.

What an ASBO does

The ASBO may have a requirement that you refrain from going to certain places, events or buildings or prohibit you from associating with certain people.  It can include other conditions also that the court deems necessary in order to protect the public from your behaviour.

An application for an ASBO can only be made to the court by a police officer who must consult with the Department of Child & Family Services.  Before making an ASBO, the court shall obtain information on you from Child & Family Services for consideration.  An ASBO should not exceed more than two years unless the original ASBO is varied.

If you are unsure about what the ASBO is prohibiting you from doing you should seek further clarification as the court has a duty to ensure that the terms of the ASBO are clear, specific and precise and capable of being understood by you.  Any prohibitions that are too wide or general may not be valid.

Unreasonably disobeying an ASBO constitutes a criminal offence and you will be put before the courts and they can fine you up to $3,000.00 or imprison you for up to six (6) months (granted you are at least 16 years old) or you may be given both penalties.

If you wish to vary or discharge your ASBO either you, your parent/guardian or the police officer may apply to the court to have the order varied. 

By being given an ASBO you will not obtain a criminal conviction.  Only on disobeying an ASBO are you likely to be given a criminal conviction.  Please see our article on criminal convictions. 

Important Note: This information was last updated in May 2013.  This is intended as general guidance only.  It must not be regarded as a definitive interpretation of the Act.  Anyone in doubt should seek legal advice.