Anti-Social Behaviour Flashcards

1
Q

Define what anti-social behaviour is

A

1) Conduct that has caused, or is likely to cause, harassment, alarm or distress to another person
2) capable of causing nuisance or annoyance to a persons occupation of residential purposes
3) conduct capable of causing housing-related nuisance or annoyance to any person

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2
Q

What legislation gives police in uniform and PCSO’s grounds to ask someone for their address and name if they are displaying anti social behaviour?

A

S59 Police Reform Act 2002

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3
Q

What sections in the ASB Crime and Policing Act 2014 cover injunctions?

A

S1, S3.5 and S6

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4
Q

What does S1 of the ASB, Crime and Policing Act 2014 cover?

A

Provides the courts the power to grant injunctions to combat ASB

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5
Q

What courts are injunctions made at?

A

Youth Court, High Court, County Court

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6
Q

What must an injunction include?

A

Prohibitions or requirements or both, length of time and names of the applicant and respondent

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7
Q

What sections of the ASB Crime and Policing Act 2014 cover the power of arrest?

A

S4, S9, S10

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8
Q

What does S13 of the ASB, Crime and Policing Act 2014 cover?

A

Power to exclude a person from a home in case of violence or risk of harm

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9
Q

What does S22, S23, S24 and S25 of the ASB Crime and Policing Act 2014 cover?

A

Criminal Behaviour Orders

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10
Q

If a criminal is U18, how long can the CBO be granted for?

A

Minimum 1 year, maximum 3 years

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11
Q

Which sections deals with breach of CBO’s?

A

S30 of the ASB, Crime and Policing Act 2014

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12
Q

What is the consequence of a breach of a CBO?

A

Imprisonment not exceeding 6 months and/or a fine, or on conviction on indictment, 5 years and/or fine

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13
Q

What does S34-40 of the ASB Crime and Policing Act cover?

A

Disposal orders

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14
Q

What does S34 of the ASB Crime and Policing Act cover?

A

The granting of a disposal order by someone of the rank of inspector or above

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15
Q

What does S35 of the ASB Crime and Policing Act cover?

A

The power for a police constable to use the S34 disposal order to direct someone to leave a specific area and not return within 48 hours

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16
Q

What does S37 of the ASB Crime and Policing Act cover?

A

Surrender of property - can take possession of items that are believed to have been or have been causing harassment, alarm or distress

17
Q

What does S38 of the ASB Crime and Policing Act cover?

A

Record keeping

18
Q

What does S39 of the ASB Crime and Policing Act cover?

A

A person. who without reasonable excuse fails to comply with a direction given under S35-S37 commits an offence

19
Q

What does S76 - 93 of the ASB Crime and Policing Act cover?

A

Premise Closures

20
Q

Who can issue a premise closure?

A

Police rank of inspector or above or local authority

21
Q

On what grounds can you issue a premise closure notice?

A

The premise has resulted/will result in nuisance or disorder and the notice is necessary to stop the disorder from continuing

22
Q

How long can an inspector close a premise for with a closure notice?

A

24 hours but can be extended to 48 hours if authorised by a superintendent

23
Q

After a closure notice has been served (short term), what can be applied for in court and under what legislation?

A

Closure order for 3 months, can be extended to 6 months.

S80 ASB Crime and Policing Act 2014

24
Q

If someone breaches a closure notice, what is the consequence?

A

Summary offence only - no more than 3 months and/or fine

25
Q

Can a constable enter a closed premise by force?

A

Yes

26
Q

Which order means the occupier of the premise can still reside there?

A

Closure notice - Closure order means occupants have to leave

27
Q

What section and act gives constables the power to seize vehicles causing ASB?

A

S59 of the Police Reform Act 2002

28
Q

Where does ASB have to be taking place to be able to seize a vehicle?

A

On road, off road or public place

29
Q

What road traffic offences do you have to prove to action a S50 on a public place or road?

A

Driving without due care (WDC) or driving without reasonable considerations (WRC)

30
Q

What can a police officer give in relation to a S59?

A

A written warning to the person and/or the car or can seize the vehicle if they or the car have had a previous warning