ASB Flashcards
Powers for dealing with people in relation to ASB
Civil injunction
Criminal Behaviour Order
Powers for dealing with places in relation to ASB
Community Protection Notice
Public Spaces Protection Order
Closure Power
Police powers in relation to ASB
Dispersal power
ASB informal interventions
Verbal warning Written warnings Community resolution Mediation Acceptable Behaviour Contracts (ABCs) Parenting contracts Support and counselling
What is the purpose of a civil injunction
To stop or prevent individuals engaging in anti-social behaviour quickly, nipping problems in the bud before they escalate
Who can apply for a civil injunction
Local councils Social landlords Police Transport for London Environment agency and natural resources wales NHS
Reasons / tests for a civil injunction
On the balance of probabilities
- behaviour is likely to cause harassment, alarm, distress or
- conduct is capable of causing nuisance or annoyance and
- just and convenient to grant the injunction to prevent ASB
Details of civil injunctions
Issued by high court (or youth court for under 18s)
It will include prohibitions and can include positive requirements to address underlying causes of ASB
Penalty of Civil injunction breach
It is not a criminal offence but breach must be proved to the criminal standard, that is beyond reasonable doubt
Over 18s: civil content of court with unlimited fine of up to two years in prison
Under 18s: supervision order or civil detention order
Purpose of a criminal behaviour order
Issued by any 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.
Who can apply for a criminal behaviour order?
CPS (on own initiative or request from police or council)
Test for Criminal Behaviour Order
- if the court is satisfied beyond reasonable doubt that the offender has engaged in behaviour and that has caused or is likely to cause harass, alarm or distress to any person and
- the court considers that making the order will help prevent the offender from engaging in such behaviour
Details of Criminal Behaviour Order
Issued by any criminal court for any criminal offence
ABS doesn’t need to be part of the criminal offence
Includes prohibitions to stop ABS and could include positive requirements to address causes of ASB
Penalty of breach of criminal behaviour order
Breach is a criminal offence
On summary conviction up to 6 month imprisonment and / or a fine
On conviction of indictment up to 5 years imprisonment and / or fine
Purpose of dispersal power
Requires a person committing or likely to commit ASB, crime or disorder to leave an area for up to 48 hours
Who can apply for a Dispersal
Police officers in uniform
PCSOs (if designated power)
Test for Dispersal
Must specify area and determine time and route to leave by
Can confiscate any item that could be used to commit ASB, crime or disorder
Use in a specified locality must be authorised by and inspector
Penalty on breach of dispersal powe
Breach is a criminal offence
Failure to comply: up to date level 4 fine and / or 3 month in prison
Failure to hand over items up to level 2 fine
What is the purpose of a community protection notice (CPN)
To stop a person aged 16 or over, business or organisation commuting ASB which spoils the community’s quality of life
Who can apply for a CPN?
Council officers
Police officers
PCSOs if designated
Social landlords
Test for a CPN?
Behaviour has to
- have a detrimental effect on the quality of life of those in the locality
- be of a persistent or continuing nature and
- be unreasonable
Details of a CPN?
Written warning issued
CPN issued including requirement to stop things, do things or take reasonable steps to avoid ASB
Can allow council to carry out works in default on behalf of a perpetrator
Penalty on beach if CPN?
A breach is a criminal offences
FPN of up to £100
A fine of up to level 4 or £20,000 for a business
Purpose of a Public Spaces Protection Order (PSPO)
Designed to stop individuals or groups committing ASB in public spaces
Who can apply for a PSPO?
Councils after consultation with police or other relevant bodies
PSPO tests
Behaviour being restricted has to:
- Be having or be likely to have a detrimental effect on the quality of life of those in the locality
- be persistent or continuing and
- be unreasonable
Details of a PSPO
Restrictions and requirements set out by council
Penalty on breach of PSPO
Breach is a criminal offence
FPN up to £100
Fine up to level 3 on prosecution
Purpose of closure powe
To allow the police or council to quickly close premises which are being used or likely to be used to commit nuisance or disorder
Who can apply for a closure power
Local council
Police
Test for closure power
The following has occurred of will occurs if closure power is not used
(Up to 48 hours):
- nuisance to the public
- disorder near the premises
(Up to six months):
- disorderly, offensive or criminal behaviour
- serious nuisance to public or
- disorder near the premises
Details of closure power
Closure notice issued out of the court the closure order can be applied for
Can closure for 48 hours out of court
Order: can close premises for up to 6 months and restrict all access
Penalty on breach of closure order
Breach is a criminal offence
Notice : up to 3 months
Order : up to 6 months
Both: unlimited fine
Purpose of new absolute ground for possession
Introduces a new absolute ground for possession of secure and assured tenancies where ASB or criminality has already been proven
To evict ASB tenants
Applicants for New Absolute Ground for Possession
Social Landlord
Private rented sector landlords
Test for new absolute ground for possession
Tenant has met one of the following:
- convicted of a serious offence
- found by court to have breached a civil injunction
- convicted for breaching CBO
- convicted for breaching w noise abatement notice or
- the tenant’s property has been closed for more than 48 hours under a closure order for ASB
Breach needs to have occurred in locality of property
Definition of vulnerable
A victim is vulnerable if the conduct in question cause an adverse impact on their quality of life. Adverse impact includes the risk of harm; deterioration of their health, mental and or emotional well being; or an inability to carry out normal day to day routine through fear and intimidation.
