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Robyn's Specials Study > ASB > Flashcards

ASB Flashcards

1
Q

Powers for dealing with people in relation to ASB

A

Civil injunction

Criminal Behaviour Order

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2
Q

Powers for dealing with places in relation to ASB

A

Community Protection Notice

Public Spaces Protection Order

Closure Power

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3
Q

Police powers in relation to ASB

A

Dispersal power

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4
Q

ASB informal interventions

A 
Verbal warning
Written warnings
Community resolution
Mediation 
Acceptable Behaviour Contracts (ABCs)
Parenting contracts
Support and counselling
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5
Q

What is the purpose of a civil injunction

A

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

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6
Q

Who can apply for a civil injunction

A 
Local councils
Social landlords
Police 
Transport for London
Environment agency and natural resources wales
NHS
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7
Q

Reasons / tests for a civil injunction

A

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
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8
Q

Details of civil injunctions

A

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

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9
Q

Penalty of Civil injunction breach

A

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

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10
Q

Purpose of a criminal behaviour order

A

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.

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11
Q

Who can apply for a criminal behaviour order?

A

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

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12
Q

Test for Criminal Behaviour Order

A
  • 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
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13
Q

Details of Criminal Behaviour Order

A

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

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14
Q

Penalty of breach of criminal behaviour order

A

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

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15
Q

Purpose of dispersal power

A

Requires a person committing or likely to commit ASB, crime or disorder to leave an area for up to 48 hours

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16
Q

Who can apply for a Dispersal

A

Police officers in uniform

PCSOs (if designated power)

17
Q

Test for Dispersal

A

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

18
Q

Penalty on breach of dispersal powe

A

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

19
Q

What is the purpose of a community protection notice (CPN)

A

To stop a person aged 16 or over, business or organisation commuting ASB which spoils the community’s quality of life

20
Q

Who can apply for a CPN?

A

Council officers
Police officers
PCSOs if designated
Social landlords

21
Q

Test for a CPN?

A

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
22
Q

Details of a CPN?

A

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

23
Q

Penalty on beach if CPN?

A

A breach is a criminal offences

FPN of up to £100

A fine of up to level 4 or £20,000 for a business

24
Q

Purpose of a Public Spaces Protection Order (PSPO)

A

Designed to stop individuals or groups committing ASB in public spaces

25
Q

Who can apply for a PSPO?

A

Councils after consultation with police or other relevant bodies

26
Q

PSPO tests

A

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
27
Q

Details of a PSPO

A

Restrictions and requirements set out by council

28
Q

Penalty on breach of PSPO

A

Breach is a criminal offence

FPN up to £100

Fine up to level 3 on prosecution

29
Q

Purpose of closure powe

A

To allow the police or council to quickly close premises which are being used or likely to be used to commit nuisance or disorder

30
Q

Who can apply for a closure power

A

Local council

Police

31
Q

Test for closure power

A

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
32
Q

Details of closure power

A

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

33
Q

Penalty on breach of closure order

A

Breach is a criminal offence
Notice : up to 3 months
Order : up to 6 months
Both: unlimited fine

34
Q

Purpose of new absolute ground for possession

A

Introduces a new absolute ground for possession of secure and assured tenancies where ASB or criminality has already been proven

To evict ASB tenants

35
Q

Applicants for New Absolute Ground for Possession

A

Social Landlord

Private rented sector landlords

36
Q

Test for new absolute ground for possession

A

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

37
Q

Definition of vulnerable

A

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.

Robyn's Specials Study (25 decks)

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