Anti-Social Behaviour

Question 1

Anti-social behaviour can be categorised into which three groups?

Answer 1

Street Scene, e.g–
· Begging
· Anti-social drinking
· Street prostitution

Nuisance Neighbours, e.g–
· Intimidation and harassment
· Noise
· Rowdy and nuisance behaviour

Environmental Crime, e.g–
· Criminal damage/vandalism
· Graffiti
· Fly-posting

Question 2

Definition

(1) “anti-social behaviour” means—

Answer 2

(1) “anti-social behaviour” means—

(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person,
(b) conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises, or
(c) conduct capable of causing housing-related nuisance or annoyance to any person.

Question 3

Combating Anti-Social Behaviour

Community Remedy

Answer 3

Community Remedies give victims a say in the out-of-court punishments for those involved in anti-social behaviour and low-level crime.

Each police area should have a Community Remedy document which establishes the framework within which police officers may operate in using community resolutions. This document should have been created in consultation with partners and the local community to outline the agreed and acceptable actions which can be taken to deal with low level crime and anti-social behaviour. Some of these are outlined below.

Question 4

Combating Anti-Social Behaviour & Community Remedies

Verbal Warnings

Answer 4

Must be specific and clear about what it relates to.
Individuals should be made aware of:
the impact of their ASB on victims and the community,
the consequences of continuing with the problem behaviour.

Question 5

Combating Anti-Social Behaviour & Community Remedies

Written Warnings

Answer 5

Must be specific and clear about what it relates to.
Individuals should be made aware of the impact of their ASB on victims and the community.
Information about written warnings should be shared with relevant partners to monitor the impact of the intervention.

Question 6

Combating Anti-Social Behaviour & Community Remedies

Community Resolution

Answer 6

Primarily aimed at first time perpetrators who express genuine remorse.
An informal agreement between involved parties.
Should consider the needs of the victim, perpetrator and wider community.

Question 7

Combating Anti-Social Behaviour & Community Remedies

Mediation

Answer 7

All parties must be willing participants.
A mediator facilitates a meeting and ensures both parties adhere to meeting ground rules.
Where agreements are made at the meeting the mediator can put this in writing and ask each party to sign a document to formalise what was agreed.

Effective when responding to:

• Neighbour disputes
• Family conflicts
• Noise complaints
• Situations when it is difficult to establish who is the victim and who is the perpetrator

Question 8

Combating Anti-Social Behaviour & Community Remedies

Acceptable Behaviour Contracts (ABCs)

Answer 8

Often used in a partnership between the police and housing associations in the case of neighbour disputes. For example, if a child is repeatedly acting in an Anti-Social manner, which is offending a neighbour, the housing association may make the child sign an ABC.

A written agreement between a perpetrator of ASB and an agency working with them.
No formal sanction for failing to sign or comply. However, housing officers CAN put terms into these contracts so that, if broken, eviction may take place. This is a great way of gaining control of a situation, as families will often take control of their children if their home is in jeopardy. This, unfortunately is not the same for privately owned homes.
ABCs should be specific about what further action may be taken if a perpetrator fails to comply.
Can be submitted as evidence if subsequent court proceedings are deemed necessary.
Effective when dealing with young people and preventing a further escalation of unacceptable behaviour.

Question 9

Combating Anti-Social Behaviour & Community Remedies

Parenting Contracts

Answer 9

Similar to ABCs but signed by a parent or guardian

Might be used when:
- A parent is a bad influence on a child,
- A parent is failing to provide suitable supervision,
if a parenting contract is to be used as an informal intervention against a young person under 18, their parents or guardians should be contacted first.

Question 10

Combating Anti-Social Behaviour & Community Remedies

Support and Counselling

Answer 10

Addresses underlying causes of ASB, for example, misuse of alcohol or drugs before further low-level crime is committed.

Question 11

Combating Anti-Social Behaviour & Community Remedies

Community Trigger / ASB Case Review

Answer 11

Provides individuals/communities with right to request a review of their case where a local threshold is reached. It is designed to bring a partnership approach to solving embedded anti-social behaviour issues.

The threshold should be agreed locally by partner agencies, however the threshold should be no higher than three ‘qualifying complaints’ within a six month period. For the purposes of this, a qualifying complaint is:

• One where the anti-social behaviour was reported within one month of the alleged behaviour taking place; and
• The application is made within six months of the report of anti-social behaviour.

In deciding whether the threshold has been met, agencies may wish to consider:

• The persistence of the behaviour
• The harm or potential harm caused by the behaviour;
• The adequacy of the response from all agencies involved.

Question 12

When can a ‘Civil Injunction’ be granted?

Answer 12

An injunction can be granted against a person aged 10 or over if two conditions are met:

(i) the court is satisfied on the balance of probabilities that the person has engaged or threatens to engage in anti-social behaviour; and
(ii) the court considers it just and convenient to grant the injunction to prevent the person engaging in anti-social behaviour.

Question 13

What does an injunction do?

Answer 13

Injunctions offer immediate protection and set a clear standard of behaviour.

An injunction prohibits the person concerned from engaging in the behaviour detailed in the injunction.

Some injunctions can exclude a person from specified places or areas.

Question 14

What is the purpose of a civil injunction?

Answer 14

To stop or prevent individuals engaging in anti-social behaviour quickly, nipping problems in the bud before they escalate.

Question 15

Who can apply for an injunction?

Answer 15

Local councils
Social landlords
Police (including British Transport Police)
Transport for London
Environment Agency and Natural Resources Wales
NHS Protect and NHS Protect (Wales)

Question 16

Is there a need to prove that a civil injunction is ‘necessary’?

Answer 16

No need to prove that a civil injunction is ‘necessary’; they are obtainable on the ‘balance of probability’.

Question 17

What is the penalty on breach of an injunction?

Answer 17

Breach of the injunction is not a criminal offence, however for over 18 year olds, the penalty is civil contempt of court with an unlimited fine of up to two years in prison.

For under 18s the penalty could be a supervision order or, as a very last resort, a civil detention order of up to three months for 14-17 year olds.

Question 18

What are Criminal Behaviour Orders (CBOs)?

Answer 18

Issued by a criminal court against a person who has been convicted of an offence, to tackle the most persistently anti-social individuals who are also engaged in criminal activity.

The anti-social behaviour does not need to be part of the criminal offence.

CBO will include prohibitions to stop the anti-social behaviour, but it can also include positive requirements to get the offender to address the underlying causes of the offender’s behaviour.

Question 19

What are the requirements for Criminal Behaviour Orders (CBOs)?

Answer 19

If the court is satisfied beyond ‘reasonable doubt’ that the offender has engaged in behaviour that has caused or is likely to cause harassment, alarm or distress to any person; and

The court considers that making the order will help prevent the offender from engaging in such behaviour

Question 20

Penalties on Breach of Criminal Behaviour Orders (CBOs)

Answer 20

Breach of the order is a criminal offence and must be proved to a criminal standard of proof, that is, beyond reasonable doubt.

For over 18s on summary conviction: up to six months imprisonment or a fine or both.

For over 18s on conviction on indictment: up to five years imprisonment or a fine or both.

For under 18s: the sentencing powers in the youth court apply.

Question 21

What are ‘Dispersal Powers’?

Answer 21

Dispersal powers are an effective tool for neighbourhood officers.

A dispersal notice gives the police the power to order a person committing or likely to commit anti-social behaviour, crime or disorder to leave an area for up to 48 hours.

Question 22

Dispersal Powers

The Anti-Social Behaviour, Crime and Policing Act 2014 under section XX states that:

Answer 22

Section 35

‘An officer may give such an authorisation only if satisfied on reasonable grounds that the use of those powers in the locality during that period may be necessary for the purpose of removing or reducing the likelihood of—

(a) members of the public in the locality being harassed, alarmed or distressed, or
(b) the occurrence in the locality of crime or disorder.’

Question 23

How do you go about getting a dispersal order?

Answer 23

You need authority from an Inspector or above.

An authorisation under this section—

(a) must be in writing,
(b) must be signed by the officer giving it, and
(c) must specify the grounds on which it is given.

Question 24

Penalties on Breach of a Dispersal Order?

Answer 24

Breaching a dispersal notice is a criminal offence; both for failing to comply with a direction to leave and returning to the area during the dispersal period.

The penalty could be up to three months in prison for over 18’s.

Question 25

Community Protection Notices

The main power is under section XX of the Anti-Social Behaviour, Crime and Policing Act 2014:

Answer 25

Section 43

(1) an authorised person may issue a community protection notice to an individual aged 16 or over, or a body, if satisfied on reasonable grounds that -
(a) the conduct of the individual or body is having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality, and
(b) the conduct is unreasonable.

Question 26

How do I issue a CPN?

Answer 26

A written warning must be produced for the perpetrator. In the warning, you must state exactly what the behaviour is that is causing problems and justify why.

The written warning must also state that the behaviour must stop, and what will happen if the behaviour does not stop.

A CPN can also request that a person does a specific thing or takes reasonable steps towards doing a specific thing.

Question 27

Penalties on Breach of Community Protection Notices?

Answer 27

Breaching a CPN is a criminal offence, and a fixed penalty notice can be issued of up to £100 if appropriate for an individual, or up to £20,000 for a business.

Question 28

What are Public Spaces Protection Orders?

Answer 28

A public spaces protection order (PSPO) is issued by the council after consultation with the police.

It is designed to manage a specific problem caused by individuals and groups in public spaces, which is causing injury to the local community.

Question 29

Public Spaces Protection Orders can be found under sXX of the Anti-Social Behaviour, Crime and Policing Act 2014:

Answer 29

Section 59

(1) A local authority may make a public spaces protection order if satisfied on reasonable grounds that two conditions are met.
(2) The first condition is that—

(a) activities carried on in a public place within the authority’s area have had a detrimental effect on the quality of life of those in the locality, or
(b) it is likely that activities will be carried on in a public place within that area and that they will have such an effect.

(3) The second condition is that the effect, or likely effect, of the activities—

(a) is, or is likely to be, of a persistent or continuing nature,
(b) is, or is likely to be, such as to make the activities unreasonable, and
(c) justifies the restrictions imposed by the notice.

Question 30

Penalties on Breach of Public Spaces Protection Orders?

Answer 30

Breach of a PSPO is a criminal offence, and enforcement officers can issue a fixed penalty notice of up to £100 if appropriate.

Question 31

What are Closure Powers?

Answer 31

Closure powers include closure notices and closure orders.

A closure order is used to close premises, including licenced premises, enclosed or open, residential and business premises, if they are causing nuisance or disorder.

Question 32

Power to issue closure notices

Section 76 of the Anti-Social Behaviour, Crime and Policing Act 2014

Answer 32

s (1) A police officer of at least the rank of inspector, or the local authority, may issue a closure notice if satisfied on reasonable grounds—

(a) that the use of particular premises has resulted, or (if the notice is not issued) is likely soon to result, in nuisance to members of the public, or
(b) that there has been, or (if the notice is not issued) is likely soon to be, disorder near those premises associated with the use of those premises, and that the notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring.

Question 33

What does a closure notice do?

Section 76 of the Anti-Social Behaviour, Crime and Policing Act 2014

Answer 33

s (2) A closure notice is a notice prohibiting access to the premises for a period specified in the notice.

(3) A closure notice may prohibit access—

(a) by all persons except those specified, or by all persons except those of a specified description;
(b) at all times, or at all times except those specified;
(c) in all circumstances, or in all circumstances except those specified.

(4) A closure notice may not prohibit access by—

(a) people who habitually live on the premises, or
(b) the owner of the premises,
and accordingly, they must be specified under subsection (3)(a).

Question 34

(5) A closure notice must—

Section 76 of the Anti-Social Behaviour, Crime and Policing Act 2014

Answer 34

(a) identify the premises;
(b) explain the effect of the notice;
(c) state that failure to comply with the notice is an offence;
(d) state that an application will be made under section 80 for a closure order;
(e) specify when and where the application will be heard;
(f) explain the effect of a closure order;
(g) give information about the names of, and means of contacting, persons and organisations in the area that provide advice about housing and legal matters.

Question 35

(6) A closure notice may be issued only if reasonable efforts have been made to inform—

Section 76 of the Anti-Social Behaviour, Crime and Policing Act 2014

Answer 35

(a) people who live on the premises (whether habitually or not), and
(b) any person who has control of or responsibility for the premises or who has an interest in them,

Question 36

Who can apply for a closure?

Answer 36

Local council

Police

Question 37

How long can a closure notice and closure order be enforced for?

Answer 37

A closure notice is issued out of court in the first instance, flowing from this the closure order can be applied for through the courts.

Can close premises for up to 48 hrs out of court but cannot stop the owner or those who habitually live there accessing the premises.

A closure order can close premises for up to six months and can restrict all access.

Both the notice and the order can cover any land or any other place, whether enclosed or not. Including residential, business, non-business and licensed premises.

Question 38

Penalties on breach of closure notice and closure order?

Answer 38

Breach of a closure notice or order is a criminal offence and can result in 3 months in prison.

Breach of a closure order could result in up to 6 months in prison.

Question 39

84A Absolute ground for possession for anti-social behaviour

If the court is satisfied that any of the following conditions is met, it must make an order for the possession of a dwelling-house let under a secure tenancy.

Answer 39

The tenant, a member of the tenant’s household, or a person visiting the property must have met one of the following conditions:

• Convicted of a serious offence (specified in Schedule 2A to the Housing Act 1985)
• Found by a court to have breached a civil injunction
• Convicted for breaching a criminal behaviour order (CBO)
• Convicted for breaching a noise abatement notice
• The tenant’s property has been closed for more than 48 hours under a closure order for anti-social behaviour

Question 40

Penalties on breach of “84A Absolute ground for possession for anti-social behaviour”?

Answer 40

Offence/breach needs to have occurred in the locality of the property, affected a person with a right to live in the locality, or affected the landlord or his or her staff/contractors.

Secure tenants of local housing authorities will have a statutory right to request a review of the landlord’s decision to seek possession. Private registered providers are encouraged to adopt a similar practice.

Question 41

The Anti-Social Behaviour, Policing and Crime Act 2014 altered the Dangerous Dogs Act 1991 in a number of significant ways…

Answer 41

Extending the scope of the legislation to cover ‘any place in England and Wales’ (whether or not a public place)

Creates a new offence of attacking an assistance dog

Provides powers to seize a dog dangerously out of control in a private place

Increases the prison sentence for those convicted of some offences

Sets out considerations for the court in relation to the suitability of owners