Alcohol related crime and ASB Flashcards
Anti-social behaviour
(a) Conduct that has caused, or is likely to cause, Harassment Alarm or Distress
(b) Conduct capable of causing nuisance or annoyance to any person in relation to that person’s occupation of residential premises or
(c) Conduct capable of causing housing-related nuisance or annoyance to any person
Impacts on victim’s life
- Personal – impacts directly on particular individuals and their families but not necessarily the wider community
- Nuisance – ‘Harm that impacts on more than on individual and their family and also negatively impact on the wellbeing of an area/neighbourhood and the population within’
- Environmental – ‘Harm that impacts negatively on the physical environment’
Civil injunctions
- Prevent behaviour from causing HAD
- Prohibitions to stop ASB/positive actions to help address underlying behaviour
- Various agencies can apply– police/councils/landlord
- Power of arrest attached to them if belief that violence
- If there is not a power of arrest then the police can apply for the power form the court
- Can be heard in civil courts/criminal courts/youth courts
- U18 dealt with in the youth court
- Perpetrator 10+, those causing non-housing related ASB likely to cause HAD, or housing ABS causing annoyance/nuisance
- Graffiti/Bullying/Drugs/Alcohol/Noise
CBO
Criminal Behaviour Order
CBO is used to tackle the most persistently anti-social individuals who are also engaged in criminal activity.
It is issued by any criminal court against a person who has been convicted of an offence.
The anti-social behaviour does not need to be part of the criminal offence. The prosecution (usually CPS) with apply, either themselves or at request of the police or council.
If an order is granted by the court then it will be in place for a minimum of 2 years – up to an indefinite period. If the offender is under 18 then it must remain in place for 1-3 years.
- Order will include prohibitions to stop the anti-social behaviour but it can also include positive requirements to get the offender to address the underlying causes of the offender’s behaviour.
- Agencies must find out the view of the youth offending team(YOT) for applications for under 18s.
- When issuing the order the court must be satisfied beyond reasonable doubt that the offender has engaged in behaviour that has caused or is likely to cause harassment, alarm or distress to any person; and
- The court considers that making the order will help prevent the offender from engaging in such behaviour.
Breach
Breach of the order is a criminal offence and must be proved to a criminal standard of proof, that is, beyond reasonable doubt. A breach is an either way offence
• For over 18s on summary conviction: up to six months imprisonment or a fine or both.
• For over 18s on conviction on indictment: up to five years imprisonment or a fine or both.
• For under 18s: the sentencing powers in the youth court apply.
Dispersal Powers S34/35
- Direct a person to leave a public place for 48hours
- Offence not to comply
- Authorised by an Inspector and above if there is likely to be ASB disorder
- Police in uniform PCSO’s although - PCSO must be authorisation by chief constable/commissioner to used.
- Consequences – person’s arrested
- Can remove U16 home or to place of safety
- Confiscate property used in the connection with criminal activity
- Summary offence 6months and/or fine
- Direction not given to persons U10 y.o
CPN – Community protection notices
- For environmental uses i.e. noise/graffiti/rubbish
- Warning Issued – Behaviour continues – Notice issued – Behaviour continues – breach which is a criminal offence. Arrest.
- CPN can be issued to person/body if it is reasonable and the ASB is having an effect on the life of those in a community.
- Police/Council/local authority can issue
- Short/Medium resolutions
- Remedial action by local authorities or fines up to £100.00
- Forfeiture/seizure of goods i.e. sound equipment
- Failure to comply – Summary - FPN; up to a level 4 fine (on conviction), paying for remedial work, forfeiture or seizure of items.
- Written warning – makes clear that is ASB does not stop a CPN can be issued. Identify the behaviour and also give a reasonable amount of time for behaviour to change – subjective and proportionate in the circs.
- If a body – CPN should be issued to the most appropriate person i.e shopkeeper/manager of premises
PSPO – Public spaces protection orders
- Parks/alleyways/Communal area to manage specific problems caused by individuals or groups
- Behaviour must be likely to or has caused detrimental effects
- Behaviour must be constant and unreasonable
- Any sanctions must be proportionate/necessary
- Over-rule any local bylaws
- Can be for an indefinite period
- Stop people from going to certain places i.e alleyways elderly person/access
- Consequences – Fail to comply is an offence, alcohol PSPO only breached if person is challenged by police.
- Summary only offence and/or fine also FPN
- Park/Alleyway/Communal area – council puts restrictions on an area
- Alcohol/Dogs/Noise – PO/PCSO needs to witness behaviour
- i.e. No alcohol zone’s
Drunk in a public place
Simple drunkenness – Section 12 Licensing Act 1872
The Licensing Act 1872, Section 12 (1) states that:
“Every person found drunk in any highway or other public place, whether a building or not, or on any licensed premises, shall be liable to a penalty not exceeding level 1 on the standard scale.”
- Public place - any highway/public place and includes any place to which at the material time the public have or are permitted to have access, whether on payment or otherwise.
The drunkenness must come from intoxicating liquor, not another drug.
Being drunk and incapable – Section 1 of the Licensing Act 1902
“If a person is found drunk in any highway or other public place, whether a building or not, or on any licensed premises, and appears to be incapable of taking care of himself, he may be dealt with according to law.”
Drunk and disorderly – Section 91(1) Criminal Justice Act 1967
“Any person who in any public place is guilty, while drunk, of disorderly behaviour shall be liable on summary conviction to a fine not exceeding level 3 on the standard scale.”
‘Public place’ any highway/public place and includes any place to which at the material time the public have or are permitted to have access, whether on payment or otherwise.
Failing to Comply with Requirement in Designated Public Place – Section 12(4) Criminal Justice and Police Act 2001
If a PO/PCSO reasonably believes that a person is, or has been, consuming alcohol in a designated public place or intends to consume alcohol in such a place, the constable may require the person concerned:
- Not to consume in that place anything which is, or which the constable reasonably believes to be, alcohol.
- To surrender anything in his possession which is, or which the constable reasonably believes to be, alcohol or a container for alcohol.
Officers should inform the person concerned that failure to comply with their request, without reasonable excuse, is an offence.
A police officer may dispose of anything surrendered to them under this section in a manner that is thought appropriate.
Rights of entry to licensed premised to investigate licensable activities
“Where a constable or an authorised person has reason to believe that any premises are being, or are about to be used for a licensable activity, they may enter the premises with a view to seeing whether the activity is being, or is to be, carried on under and in accordance with an authorisation”
Section 180 of the Act concerns a right of entry to investigate offences.
- A constable may enter and search any premises in respect of which he has reason to believe that an offence under this Act has been, is being or is about to be committed.
- A constable exercising a power conferred by this section may, if necessary, use reasonable force.
