Anti Social Behaviour Flashcards
Anti Social Behaviour and Policing Act 2014
In this Part “anti-social behaviour” means—
(a)conduct that has caused, or is likely to cause, harassment, alarm or distress to any person,
(b)conduct capable of causing nuisance or annoyance to a 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
Injunction
Anti Social Behaviour and Policing Act 2014
Part One
Civil Injunction
Court may grant:
Age: 10 +
Balance of probabilities that offender has engaged or threatened to cause ASB
Just and convenient
Prevent from engaging in - specified or injunction.
Must be practicable
Specific time periods
Specify prohibitions
Injunction time periods- under 18 - 12 months, over 2 years minimum.
Section 4 POA - threat of violence, significant risk of harm. Period over.
Breach -County court up to 2 years, detention 4 months under 18
Anti Social Behaviour Crime and Policing Act 2014
Part 2
Criminal Behaviour Orders
CBO’s
Only for an offence that has been committed or given condition charge.
S22 two parties
Over 10
Engaged in behaviour likely or caused H/A/D - beyond all reasonable doubt.
Prevent from engaging in further behaviour.
Under 18 - Youth offenders noted, one to three years.
Over - 2 years and no top end.
Penalties: Summary - 6 months or indictment 5 years. Under 18 - 2 years detention and training order.
Can be public
Antisocial Behaviour Crime and Policing Act 2014
Part Three Dispersal Orders
Dispersal Orders
Direct people to leave location.
48 Hours
Inspector Authorise
Under 16 - taken to place of safety
Criminal - level 4 fine, 3 months imprisonment.
Antisocial Behaviour Crime and Policing Act 2014
Part 4 - Closure of premises with nuisance and disorder.
S30 Anti Social Behaviour 2003
Close order - 48 hours, up to three months. (council or police)
Community protection notice (CPN) - Persistent or continuing conduct which negatively affects a community’s quality of life (council or police)
- Persistent and continuing, is unreasonable.