Anti Social Behaviour

Author: SC Kavanagh, 29th June 2017

Unfortunately, over recent times, Johnstown has seen far more anti-social behaviour by minors than it would like, to the distress of many homeowners and parents. There seems to be confusion as to what is often seen by some as simple ‘high jinks’ and what constitutes anti-social behaviour. In this piece which is part 1 of a two-part editorial we hope to outline the facts as they are provided under the terms of the Criminal Justice Act 2006.

Firstly, minors are seen by the law as those who are aged 12-18 years. The fact that only those over the age of 12 are mentioned in this Act one could surmise is because any child under 12 years is deemed to have no autonomy and would therefore be permanently under the supervision of their parent or guardian. It is safe to say that this is too often, not the case at all, with many children being given free reign from a much younger age, to roam far beyond the eyes and/or supervision of their parents or guardians. Whether this leads to anti-social behaviour or a greater sense of responsibility in the child, very much depends on the type of child involved and their home life.

There has been much discussion online and within communities as to the level of support provided to householders in the Johnstown area by An Garda Síochána, with many feeling their area is being let down by the Gardaí not doing enough to stem the tide of anti-social behaviour. This piece has been designed to educate people on the issue of anti-social behaviour and how they can help to make a change.

Part 13 of the Criminal Justice Act of 2006, ‘Anti-Social Behaviour by Children’ was introduced to provide for the occurrence of such behaviour within Irish law, by minors of between 12-18 years. Whilst the Act was enacted in 2006, Part 13 only became law on March 1st, 2007, just over ten years ago. The most important aspect of this section relates to not how a) the minor behaving in an unacceptable way views their behaviour OR b) how appropriate or otherwise the parent/guardian considers the behaviour of their charge. The law is very clear in this respect.

“Anti-social behaviour is ANY behaviour which harasses another OR causes significant (substantial), or persistent (tireless) unease, concern, grief, anxiety, bullying or pressure to a person (e.g. householder or family member) OR in the same manner interferes with a person’s use of and/or enjoyment of their home/business (Criminal Justice Act 2006)”.

A perfect example of this type of behaviour which would strike a chord with many homeowners in Johnstown would be where children are constantly playing football outside your home, and it causes discomfort or annoyance due to footballs being continuously kicked into gardens, against windows, cars etc., This behaviour equates to significant, persistent behaviour which interferes with the use or enjoyment of your home, i.e. it is anti-social behaviour. Another example which would resonate with Johnstown residents is where groups of minors congregate regularly in a place frequented by the public which must be passed to be able to go about your business however doing so causes anxiety or distress to you, due to feelings of intimidation or fear. This is anti-social behaviour. It doesn’t matter what the group are doing in the location. If their presence is causing upset to others, this is anti-social behaviour and must be recognised as such.

It is quite possible that often people are not aware of the true meaning of anti-social behaviour. As a result they dismiss the behaviour of their children. Similarly, as persons experiencing this behaviour, they may feel they do not have sufficient cause for concern to resort to involving the Gardaí. An easy way to assess this is, do you defer from shopping at Supervalu in Johnstown at certain times due to the gangs hanging around the entrance? Do you keep your own children away from that area and not permit them to shop for you, for fear of what they may encounter or how they may be treated by said gangs? Do you realise that your child, congregating in a group such as this can cause enormous concern for others?

There is an Anti-Social Behaviour Order available to the public and An Gardaí Síochána which follows a process and can be implemented by the Gardaí to deal with anti-social behaviour by minors.

Continued HERE on Page 2