Anti-Social Behaviour Flashcards
Define what anti-social behaviour is
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
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?
S59 Police Reform Act 2002
What sections in the ASB Crime and Policing Act 2014 cover injunctions?
S1, S3.5 and S6
What does S1 of the ASB, Crime and Policing Act 2014 cover?
Provides the courts the power to grant injunctions to combat ASB
What courts are injunctions made at?
Youth Court, High Court, County Court
What must an injunction include?
Prohibitions or requirements or both, length of time and names of the applicant and respondent
What sections of the ASB Crime and Policing Act 2014 cover the power of arrest?
S4, S9, S10
What does S13 of the ASB, Crime and Policing Act 2014 cover?
Power to exclude a person from a home in case of violence or risk of harm
What does S22, S23, S24 and S25 of the ASB Crime and Policing Act 2014 cover?
Criminal Behaviour Orders
If a criminal is U18, how long can the CBO be granted for?
Minimum 1 year, maximum 3 years
Which sections deals with breach of CBO’s?
S30 of the ASB, Crime and Policing Act 2014
What is the consequence of a breach of a CBO?
Imprisonment not exceeding 6 months and/or a fine, or on conviction on indictment, 5 years and/or fine
What does S34-40 of the ASB Crime and Policing Act cover?
Disposal orders
What does S34 of the ASB Crime and Policing Act cover?
The granting of a disposal order by someone of the rank of inspector or above
What does S35 of the ASB Crime and Policing Act cover?
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
What does S37 of the ASB Crime and Policing Act cover?
Surrender of property - can take possession of items that are believed to have been or have been causing harassment, alarm or distress
What does S38 of the ASB Crime and Policing Act cover?
Record keeping
What does S39 of the ASB Crime and Policing Act cover?
A person. who without reasonable excuse fails to comply with a direction given under S35-S37 commits an offence
What does S76 - 93 of the ASB Crime and Policing Act cover?
Premise Closures
Who can issue a premise closure?
Police rank of inspector or above or local authority
On what grounds can you issue a premise closure notice?
The premise has resulted/will result in nuisance or disorder and the notice is necessary to stop the disorder from continuing
How long can an inspector close a premise for with a closure notice?
24 hours but can be extended to 48 hours if authorised by a superintendent
After a closure notice has been served (short term), what can be applied for in court and under what legislation?
Closure order for 3 months, can be extended to 6 months.
S80 ASB Crime and Policing Act 2014
If someone breaches a closure notice, what is the consequence?
Summary offence only - no more than 3 months and/or fine
Can a constable enter a closed premise by force?
Yes
Which order means the occupier of the premise can still reside there?
Closure notice - Closure order means occupants have to leave
What section and act gives constables the power to seize vehicles causing ASB?
S59 of the Police Reform Act 2002
Where does ASB have to be taking place to be able to seize a vehicle?
On road, off road or public place
What road traffic offences do you have to prove to action a S50 on a public place or road?
Driving without due care (WDC) or driving without reasonable considerations (WRC)
What can a police officer give in relation to a S59?
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
