The ASBO is vague when it comes to a definition of what is actually meant by "antisocial behaviour". It encompasses acts such as graffiti or physical damage to property that are criminal, and that perhaps should be dealt with as such. But these stand alongside acts that are not criminal, sometimes referred to as "sub-criminal", such as verbal abuse of a neighbour or so-called "offensive" behaviour.
The need for an ASBO has to be proved in a magistrates' court. But as it is a civil order, the standard of proof is lower than it is in criminal proceedings, and the courts have to decide only on a "balance of probabilities" rather than "beyond reasonable doubt".
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