Anti Social Behaviour

Question 0

When can a warning notice be given and by who?

Answer 0

When noise exceeds permitted levels

By council officer

Question 1

What are permitted noise levels?

Answer 1

Between 7am- 19.00= 41db
Between 19.00-23.00= 37db
Between 23.00-07.00= 31db

Question 2

What offences exist with relation to obstructing y pedestrians?

Answer 2

For a person either themselves or with others to obstruct lawful passage of any person, and to continue to do so after a warning by a PC in uniform.
And
A person to wilfully obstruct lawful passage of any person. ( inc’s displaying goods over footpath)

Question 3

What offence exists for touting?

Answer 3

SOAP (selling, obtaining custom, advertising in public)
Offence to tout for selling, advertising or obtaining custom, and
Causes annoyance to a person
And
They fail to desist after being told to by a PC in uniform.

Question 4

What offence exists for abandoning vehicles? (MAP)

Answer 4

An offence to abandon a:
Motor vehicle,
Article brought to the land
Part of a motor vehicle
On any land in open air, including land that forms part of a road

Question 5

What powers exist for vehicles abandoned in the road? (COP)

Answer 5

To require the person in charge of the car to remove it ASAP.
Or:
PC can remove if:
Condition is dangerous
Obstruction caused
Parking regulations breached

Question 6

Littering must be committed in a public place unless… (PLACES)

Answer 6

Principal litter authority
Litter control area
Any relevant highway
Crown land
Educational institute
Statutory undertaker (graveyard)

Question 7

When is it an offence to use a loudspeaker in a road? (TILE)

Answer 7

Between 9pm and 8am
Or 
For use of sale or advertising, 
Exemptions=
Advertise sale of goods between noon- 7pm if:
For perishable goods
Loudspeaker is for chimes, not words
Doesn't annoy public
Transport announcements
In car entertainment
Loudspeakers part of telephone system
Emergency services

Question 8

Explain sec 54 civil govmt act 1982 (noise pollution)

Answer 8

Offence to:
Sing or perform 
Operate sound making device
Sound or play an instrument
And cause annoyance 

PC in uniform must give warning, if fails to desist then can seize equipment.

Question 9

How old must a person be to buy spray paint?

Answer 9

16

Question 10

When can a vehicle be seized (sec 126)?

What powers do police have?

Answer 10

If it is used in a manner which causes alarm, distress, or annoyance to the public through careless or inconsiderate driving.
Can only seize if warning has been given, and marker is put on vehicle and driver. If happened again (car, or driver) then seize.
Have power to stop the vehicle,
Enter any premises you believe the car is (not house, garage, or land belonging to house)

Question 11

How long can a vehicle be seized for?

Answer 11

Until fees are paid
Not liable if:
Person didn't know of its use,
Didn't consent to its use,
Couldn't have prevented its use in that manner

Question 12

When can a seized vehicle be disposed of?

Answer 12

After 3 months of seizure, but must have been able to issue a seizure notice. Can be disposed of in any way to recover fees- sale, destruction …

Question 13

What is an ASBO?

Answer 13

A civil order prohibiting a named person from retain conducts, times and areas they were allowed out to etc.

Question 14

What is the min age an ASBO gave be given to?

Answer 14

12

Question 15

Who can apply for an ASBO?

Answer 15

Local authorities and registered landlords

Question 16

If the person is <16 what must be done?

Answer 16

Applicant must inform children’s reporter who will arrange children’s hearing first

Question 17

What is antisocial behaviour?

Answer 17

If they have behaved in a manner which causes alarm or distress to a person not in the same household.

Question 18

When is an ASBO issued?

Answer 18

> 12
Committed asb
ASBO is necessary to protect the relevant person

Question 19

What is an interim ASBO?

Answer 19

Given to have immediate effect until full order given

Question 20

What happens if an ASBO is breached?

Answer 20

Adults face a fine, imprisonment or both
Kids reported
Power of arrest
If another crime is committed the breach of ASBO is an aggravation

Question 21

When and Who can designate a dispersal area?

Answer 21

Superintendent or above after consultation with council when an area has a significant problem with antisocial behaviour of groups of 2 or more people.

Question 22

How long can a dispersal area be designated for?

Answer 22

Can be specified days, times or period

No more than 3 months

Question 23

What happens if persons enter a dispersal area?

Answer 23

Tell the group to disperse
Tell people who do not live there to leave
Direct them not to return within a certain time (max 24 hours)
If contravene this then arrest

Question 24

When are people exempt from dispersal area rules?

Answer 24

If engaged in lawful conduct (trade union dispute)

Taking part in a procession which has written authorisation/consent from council

Question 25

When can a closure notice be issued?

Answer 25

By a senior officer after consultation with the council when:
There has been antisocial behaviour in the premises within the past 3 months, and the use of the premises is associated with occurrence of relevant harm.

Question 26

Where must the notice be put?

Answer 26

On at least 1 prominent place on the premises
On each access point
Any outbuilding and
Give a copy to the person residing there.

Question 27

When should a police officer apply for a closure order after issuing a Notice?

Answer 27

The next lawful day

Question 28

What does a closure order do?

Answer 28

Allows closure of the premises against entry by persons,
Allows police to carry out essential maintenance,
And to enter for these purposes.
Premises can be closed for up to 3 months

Question 29

What happened if a closure order is breached?

Answer 29

Can arrest without warrant