ANTI SOCIAL BEHAVIOUR

Question 1

what is anti social behaviour and what section is it

Answer 1

section 2

conduct that has caused/likely to cause
- harrassment, alarm, or distress
- conduct capable of causing nuisance or annoyance to a person in relation to occupation of residential premises
- conduct capable of causing housing-related nuisance or annoyance (e.g. vandalism, drinking in the street, etc)

Question 2

what is section 1 of the anti-social behaviour, crime and policing act 2014

Answer 2

power to grant injunctions

Question 3

how many conditions have to be met in order to grant an ASB injunction

Answer 3

two

Question 4

what two conditions must be met to grant an ASB injunction

Answer 4

1) court is satisfied the respondent has engaged/threatened to engage in ASB
2) court considers it just and convenient to grant the injunction for the purpose of preventing respondent behaviour in ASB

Question 5

what is an injunction

Answer 5

requires or prohibitis an individual from doing a certain thing with aims to stop ASB and crime involvement

Question 5

what is an injunction

Answer 5

requires or prohibitis an individual from doing a certain thing with aims to stop ASB and crime involvement

Question 6

what is the maximum term of an ASB injunction if under the age of 18

Answer 6

12 months

Question 7

what is section 4 of the anti social behaviour, crime and policing act 2014

Answer 7

powers of arrest attached to an injunction

Question 8

what section is powers of arrest of an injunction without a warrant of the anti social behaviour, crime and policing act 2014

Answer 8

section 9

Question 9

what are the consequences of breaching an injunction

Answer 9

adult = imprisonment up to 2 years or an unlimited fine
under 18 = could result in the youth court imposing a supervision order or a detention order

detention order can not last longer than 3 months and not be imposed on under 14

Question 10

what is section 16 of the anti social behaviour, crime and policing act 2014

Answer 10

special measures.

protects vulnerable or intimidated witnesses in injunction proceedings.

Question 11

what are criminal behaviour orders under part 2 of the anti social behaviour, crime and policing act 2014

Answer 11

may only be given to an offender when (s)he has been sentenced for an offence or given a conditional discharge (section 22(6))

aimed at serious and persistent offenders

replaces ASBO on conviction

Question 12

failure to comply to a CBO

Answer 12

• summarily: maximum 6 months imprisonment and/or a fine
• indictment: maximum 5 years imprisonment and/or a fine
• under 18: takes place in a youth court. maximum 2 years detention and training order.

Question 13

what are dispersal powers in relation to anti social behaviour, crime and policing act 2014

Answer 13

enables officers to:
- direct a person who has committed, or is likely to commit, ASB
- to leave a specified area and not return for a specified period
- of up to 48 hours

Question 14

what are community protection notices (CPN)

Answer 14

• intended to deal with unreasonable, on-going problems or nuisances
• which negatively affect the community’s quality of life by targeting the person responsible

Question 15

CPN’s should be issued to who?

Answer 15

someone who can be held responsible for the ASB

e.g. if a large national supermarket was allowing litter to be deposited outside the store, the store manager could be issued with a notice