Anti Social Behaviour Flashcards

0
Q

What act gives a definition of anti social behaviour?

A

Section 1(a) of the crime and disorder act 1998

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1
Q

What year was the anti social behaviour act?

A

2003

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2
Q

What is the definition of anti social behaviour?

A

Acted in a manner that caused, or was likely to cause, harassment, alarm or distress to one or more persons not of the same household as himself

‘A manner that Caused or was likely to cause’
‘Harassment alarm or distress’
‘To one or more people’
‘Not of same household as himself’

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3
Q

Which act gives uniformed police officers the right to require a person’s name/address if they are, or have been, acting in an anti social manner ?

A

Section 50 - Police reform act 2002

‘If a constable in uniform has reason to believe that a person has been, or is, acting in an anti-social manner, he/she may require that person to give his/her name and address to the constable’

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4
Q

What part of which act gives the power to close a premises due to anti social behaviour?

A

Part 1(a) of anti social behaviour act 2003

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5
Q

Who has the power to close a premises for anti social behaviour under part 1(a) of ASB act 2003?

A

Police or local authority

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6
Q

How long can a premises be closed for under part 1(a) of ASB act 2003?

A

3 months

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7
Q

What should you do before closing a premise under ASB 2003 act?

A

Use P.A.W (pursuade, advise, warn)

Consult with owners

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8
Q

What counts as a breach of a premises closure under ASB act 2003?

A

Remaining on site of premises

Entering premises post closure

Obstructing police or local authority from carrying out the closure

*It is an arestable offence under section s26 of pace

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9
Q

What part of which act gives the right to close premises for the production or supply of class A controlled drugs (and their associated nuisance/disorder)?

A

Part 1 of ASB act 2003

(Cannabis not included under this as it is not a class A 
drug but you could close the premises for being a nuisance premises instead)
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10
Q

What is an ABC?

A

An antisocial behaviour contract - voluntary.

A written agreement between a person involved in ASB and their parent/guardian/ and usually 1 or more joint partner agency(s) which outlines 4/5 things that the person agrees to do to stop their current behaviour.

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11
Q

What’s the minimum age for giving out an ABC?

A

10 years old.

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12
Q

Is an ABC legally binding?

A

No, but if breached it adds to evidence towards an ASBO

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13
Q

What is an ASBO?

A

Anti social behaviour order.

A court order to prohibit someone from doing a particular act.

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14
Q

How long can an ASBO be in place for?

A

Anywhere from 2 years to life

No maximum - can be for a lifetime

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15
Q

What’s the maximum punishment for breach of an ASBO?

A

5 years in prison.

16
Q

What is a dispersal order?

A

The power to disperse groups of 2 or more people, who are acting in an anti social manner, from a specific area for up to 6months

17
Q

What part of the ASB act 2003 covers dispersal orders?

A

Part 4

In section 30 of ASB

18
Q

What is a dispersal zone?

A

An area where 2 or more people acting anti socially can be asked to leave.
Must leave separately (can specify method and direction)
They cannot return to area for up to 24hours.

19
Q

What must you be aware of when dispersing people from an area?

A

Be aware of diversity.

If dispersing a kid - remember they may new to return to that area for school /prayers at mosque etc before the end of he dispersal order.

20
Q

If someone is under 16 in a dispersal zone and not with a responsible adult, between which hours can you take them home?

A

Between 9pm and 6am

21
Q

What section of Police reform act 2002 gives you the power to seize a vehicle used in anti social behaviour?

A

Section 59.

22
Q

What are the points to prove for seizing a vehicle under Police reform Act 2002?

A

1) If car is On a road or in a public place:
- prove it be person is driving without due care and attention, OR
- Without reasonable consideration.
- that the manner of driving is likely to cause a member of public A.D.A (alarm, distress, annoyance)
2) if car is off road:

  • just need to prove that the manner
    of driving is likely to cause A.D.A
23
Q

What is ADA?

When would it be considered?

A

Alarm
Distress
Annoyance

Consider when using the power to seize a vehicle under s.59 of ASB act 2003

24
Q

What can you do when you catch someone driving in an anti social manner?

A

Give them a section 59 notice - this lasts for 12 months.

Can put the notice on a person or a vehicle (or both)

25
Q

Do you have to serve a S.59 there and then?

A

No. Can serve it later.

26
Q

What is a section 59 notice?

A

Notice attached to a person or a vehicle who has been caught driving in an anti social manner.

Can last up to 12months.

27
Q

What if stop a vehicle under the anti social act and the car or the person already has a s.59 notice on it?

A

Can seize the vehicle. A fine will have to be paid to release the vehicle.

28
Q

Does someone have to sign an ABC?

A

No. But if refuse to then it all adds as evidence towards an ASBO?

29
Q

Once issued an ABC, what happens?

A

Regular monitoring and meetings within the period (6mth).

Record ABC on niche so that other officers can see

30
Q

How do you apply for an ASBO?

A

Through a civil court

Although need criminal standard of evidence /proof

31
Q

Do you need previous convictions to get an ASBO?

A

No.

32
Q

Who can apply for an ASBO?

A

Police or a local authority

33
Q

What evidence can be used to get an ASBO?

A

Relevant evidence must be from past 6 months

34
Q

What is a parenting contract?

A

Conditions aiming to improve a persons behaviour with the involvement of the parents.

2 sided agreement between parents and an agency (i.e school/education authority)

Statement from parents which confirms they agree to abide by he rules set out (I.e curfew)

Can be Imposed by a court.

35
Q

What is an individual support order? (ISO)

A

Under s.1aa of crime and disorder act 1998

A civil order attached to an ASBO
For children aged 10-17
Adds positive conditions to tackle underlying roots of ASB
Lasts for up to 6months
Individual can attend up to 2 meetings per week
Can instruct to comply with certain activities/behaviours (I.e education)

36
Q

What mnemonic should you remember when dealing with anti social behaviour?

A

IDE - 3stages of dealing with ASB

Intervention
Diversion
Enforcement

1st - use Intervention/ diversion - ie divert attention through a youth club etc

Last stage - Enforcement - only enforce after have given the option to change their behaviour voluntarily