Anti Social Behaviour Flashcards
When can a warning notice be given and by who?
When noise exceeds permitted levels
By council officer
What are permitted noise levels?
Between 7am- 19.00= 41db
Between 19.00-23.00= 37db
Between 23.00-07.00= 31db
What offences exist with relation to obstructing y pedestrians?
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)
What offence exists for touting?
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.
What offence exists for abandoning vehicles? (MAP)
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
What powers exist for vehicles abandoned in the road? (COP)
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
Littering must be committed in a public place unless… (PLACES)
Principal litter authority Litter control area Any relevant highway Crown land Educational institute Statutory undertaker (graveyard)
When is it an offence to use a loudspeaker in a road? (TILE)
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
Explain sec 54 civil govmt act 1982 (noise pollution)
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.
How old must a person be to buy spray paint?
16
When can a vehicle be seized (sec 126)?
What powers do police have?
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)
How long can a vehicle be seized for?
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
When can a seized vehicle be disposed of?
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 …
What is an ASBO?
A civil order prohibiting a named person from retain conducts, times and areas they were allowed out to etc.
What is the min age an ASBO gave be given to?
12
Who can apply for an ASBO?
Local authorities and registered landlords
If the person is <16 what must be done?
Applicant must inform children’s reporter who will arrange children’s hearing first
What is antisocial behaviour?
If they have behaved in a manner which causes alarm or distress to a person not in the same household.
When is an ASBO issued?
> 12
Committed asb
ASBO is necessary to protect the relevant person
What is an interim ASBO?
Given to have immediate effect until full order given
What happens if an ASBO is breached?
Adults face a fine, imprisonment or both
Kids reported
Power of arrest
If another crime is committed the breach of ASBO is an aggravation
When and Who can designate a dispersal area?
Superintendent or above after consultation with council when an area has a significant problem with antisocial behaviour of groups of 2 or more people.
How long can a dispersal area be designated for?
Can be specified days, times or period
No more than 3 months
What happens if persons enter a dispersal area?
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
When are people exempt from dispersal area rules?
If engaged in lawful conduct (trade union dispute)
Taking part in a procession which has written authorisation/consent from council
When can a closure notice be issued?
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.
Where must the notice be put?
On at least 1 prominent place on the premises
On each access point
Any outbuilding and
Give a copy to the person residing there.
When should a police officer apply for a closure order after issuing a Notice?
The next lawful day
What does a closure order do?
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
What happened if a closure order is breached?
Can arrest without warrant
