ASB Flashcards
S.59 Police Reform Act 2002
Constable in uniform
-with reasonable grounds to believe
-a motor vehicle
-contravened S.3 or S.34 RTA 1988
-AND is causing/likely to cause alarm, distress or annoyance
has the power to stop, warn, seize, and or enter premises to seize using reasonable force to do so
Criminal Behaviour Order (CBO):
S.22 Anti-Social Behaviour Crime and Policing Act 2014
S.22 ASB Order
- Can be issued by a court on conviction of a criminal offence and runs concurrently with any sentence imposed or conditional discharge and, in both instances, there was an underlying anti-social element.
- Minimum period that a CBO can be applied is 2 years.
• A breach of the order allows a court to sentence offender for up to 5 years.
Civil Injunction
S.1 – Anti-Social Behaviour Crime and Policing Act 2014
S.1 – Anti-Social Behaviour Crime and Policing Act 2014
- Any person over the age of 10.
- The person has been engaged or threatened to engage in ASB and the court considers that it is just and appropriate to grant the injunction to prevent the person continuing to act anti-socially.
- Burden of proof is the balance of probabilities as it is Civil Law.
- If they fail to comply with the injunction they commit an offence and this includes a power of arrest.
Dispersal Powers:
S.35 – Anti-Social Behaviour Crime and Policing Act 2014
S.35 – Anti-Social Behaviour Crime and Policing Act 2014
- If a Constable suspects that the presence and behaviour of a person has already contributed or is likely to contribute harassment, alarm or distress to members of the public they can require that person to leave a locality.
- Maximum period an officer may require the person to leave cannot exceed 48 hours.
- If officer believes the person is under 16 then the Constable may remove the person to their place of abode or a place of safety.
• The requirement must be authorised by a Police Officer of the rank of Inspector or above.
Community Protection Notice (CPN):
S.43 – Anti-Social Behaviour Crime and Policing Act 2014
S.43 – Anti-Social Behaviour Crime and Policing Act 2014
May be given to anyone over 16 where a letter warning that the notice will be issued has been given and the officer has reasonable grounds to suspect that:
- Their conduct is having a detrimental effect of a continual or continuing nature on the quality of life of others in that locality.
- That the conduct is unreasonable.
Public Space Protection Orders:
Section 59 – Anti-Social Behaviour Crime and Police Act 2014
Section 59 – Anti-Social Behaviour Crime and Police Act 2014
• The order can prohibit specified things from taking place or require people to do certain things in that locality to prevent the ASB carrying on and can last up to 3 years before another need be issued.
Closure of premises:
S.76 – Anti-Social Behaviour Crime and Policing Act 2014
S.76 – Anti-Social Behaviour Crime and Policing Act 2014
- An officer of at least the rank of Inspector must be satisfied that the use of a particular premises has or is likely to result in nuisance to members of the public or there is a likelihood of disorder near the premises associated with its use.
- A Closure Notice provides an immediate closure restricting access to all persons except any specified (Those who reside there as their home or the owner) and lasts for 48 hours.
- A Closure Notice will allow police to apply to a court not more than 48 hours after the notice to apply for a closure extension up to 3 months.
- When the police closure is carried out then every resident at the premises will be given a copy of the notice and notices will be left (Pinned/posted) at every entry point and a copy will be left in a conspicuous position within the premises.
- It is an offence if they enter the premises once the notice is served. (Excepting those specified or their agents there to secure the property).
ASB Definition
- conduct that has caused or is likely to cause HAD to any person
- capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises
- OR capable of causing housing-related nuisance to any person