ASB Flashcards by Robyn Considine

Powers for dealing with people in relation to ASB

Civil injunction

Criminal Behaviour Order

How well did you know this?

Not at all

Perfectly

Powers for dealing with places in relation to ASB

Community Protection Notice

Public Spaces Protection Order

Closure Power

How well did you know this?

Not at all

Perfectly

Police powers in relation to ASB

Dispersal power

How well did you know this?

Not at all

Perfectly

ASB informal interventions

Verbal warning
Written warnings
Community resolution
Mediation 
Acceptable Behaviour Contracts (ABCs)
Parenting contracts
Support and counselling

How well did you know this?

Not at all

Perfectly

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

How well did you know this?

Not at all

Perfectly

Who can apply for a civil injunction

Local councils
Social landlords
Police 
Transport for London
Environment agency and natural resources wales
NHS

How well did you know this?

Not at all

Perfectly

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

How well did you know this?

Not at all

Perfectly

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

How well did you know this?

Not at all

Perfectly

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

How well did you know this?

Not at all

Perfectly

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.

How well did you know this?

Not at all

Perfectly

Who can apply for a criminal behaviour order?

CPS (on own initiative or request from police or council)

How well did you know this?

Not at all

Perfectly

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

How well did you know this?

Not at all

Perfectly

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

How well did you know this?

Not at all

Perfectly

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

How well did you know this?

Not at all

Perfectly

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

How well did you know this?

Not at all

Perfectly

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.