ANTI social behaviour Flashcards
what is antisocial behaviour
conduct that has caused, or is likely to cause, harassment, alarm or distress to any person
conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation or residential premises
conduct capable of causing housing-related nuisance or annoyance to any person
police definition of ASB
personal ASB
Nuisance ASB
Environmental ASB
how many powers do the police have relating to ASB
6
what are the 6 powers that the police have relating to ASB
- civil injunction
- criminal behaviour order
- community protection notice
- public spaces protection order
- closure power
- dispersal
what do civil injunctions do
preventative measure to
prohibit someone from doing something described in the injunction
• require someone to do something in the injunction
what is the maximum term for adults of a civil injuction
NO MAX
what is the maximum term for civil injunction for under 18s
12 months
civil injunction breach for adults
max 2 years in prison or unlimited fine
criminal behaviour order
aimed at serious and persistent offenders
- available after a conviction for any criminal offence at any court.
- could have prohibitions and positive requirements.
hoiw long does a CBO last for adults
minimum 2 years- no maximum.
how long does a CBO last for 10-17 year olds
between 1 and 3 years with a review every 12 months
breach of a CBO
maximum of 5 years in prison for adults
detention and training order for maximum of 2 years for 10-17 year olds.
Community protection Notices (CPN)
for on-going nuisances
the behaviour must be
• detrimental to local community quality of life
• unreasonable
•persistant
who does a CPN apply to
individuals and businesses
what is given before the CPN
a written warning
what is given in a breach of a CPN
a fine
magistrates court can seize and destroy any item used in the offence
Public space protection orders
2 conditions
first condition
(a) activities carried on in a public place within the authority’s area have had a detrimental effect on the quality of life of those in the locality, or
(b) it is likely that activities will be carried on in a public place within that area and that they will have such an effect.
second condition
the effect, or likely effect, of the activities—
(a) is, or is likely to be, of a persistent or continuing nature,
(b) is, or is likely to be, such as to make the activities unreasonable, and
(c) justifies the restrictions imposed by the notice.
who can issue a closure notice
rank of inspector and above
grounds for closure notice
(a) that the use of particular premises has resulted, or (if the notice is not issued) is likely soon to result, in nuisance to members of the public, or
(b) that there has been, or (if the notice is not issued) is likely soon to be, disorder near those premises associated with the use of those premises, and that the notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring.
closure notice prohibitions
A closure notice may prohibit access—
(a) by all persons except those specified, or by all persons except those of a specified description;
(b) at all times, or at all times except those specified;
(c) in all circumstances, or in all circumstances except those specified.
closure notice restrictions
A closure notice may not prohibit access by—
(a)people who habitually live on the premises, or
(b)the owner of the premises,
and accordingly they must be specified under subsection(3)(a)
who can authorise dispersal powers
Inspector or higher
time limit of dispersal
48 hours
how must dispersal be directed
directed in writing unless not practicable
dispersal powers penalites
maximum of 3 months in prison and/or up to £2500
failure to hand over confiscated items - up to £500
