ASB Flashcards

1
Q

What Act and year is ASB covered?

A

Crime and Policing Act 2014

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2
Q

ASB Definiton

A

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

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3
Q

5 major ASB risk factors

A

individual, family, peer, school, community

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4
Q

What section of the 2014 Act deals with the power to grant injunctions?

A

Section 1

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5
Q

What age can a person receive an injunction?

A

10 years or older

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6
Q

What is the first condition to be met for an injunction to be granted?

A

court is satisfied, ON THE BALANCE OF PROBABILITIES, that the respondent has engaged or threatens to engage in anti-social behaviour

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7
Q

What is the second condition to be met for an injunction to be granted?

A

the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in ASB

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8
Q

What must an injunction under section 1 specify?

A

the period of effect or state that it has effect until further order

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9
Q

An injunction must be no longer than (blank) if the injunction is granted before the respondent has reached 18.

A

12 months

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10
Q

What is the consequence of breach of an injunction for an adult?

A

2 years or unlimited fine

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11
Q

What is the consequence of breach of injunction for someone under 18?

A

youth court imposing a supervision order or a detention order

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12
Q

Under what section can a court attach a power of arrest with an injunction?

A

section 4

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13
Q

When may a criminal behaviour order be made? (CBO)

A

against an offender when they have been sentenced for the offence or given a conditional charge

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14
Q

A CBO can be made against a person of what age?

A

10 years or older

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15
Q

How long should a CBO order be for an adult?

A

minimum of 2 years up to an indefinite period

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16
Q

How long should a CBO order be for offenders under 18?

A

between 1 and 3 years (reviews must be held every 12 months)

17
Q

What is the summary conviction for failure to comply with CBO?

A

6 months and/or fine

18
Q

What is the indictable conviction for failure to comply with a CBO?

A

5 years and/or fine

19
Q

What is the sentence for under 18’s for failure to comply with a CBO?

A

youth court - max sentence 2 year detention and training order

20
Q

What part of ASB does CBO come under?

A

Part 2

21
Q

What part of ASB do dispersal powers come under?

A

Part 3

22
Q

How long can a dispersal power be directed for?

A

up to 48 hours

23
Q

Who authorises a dispersal power?

A

at least rank of inspector

24
Q

What is the result of a failure to comply with a dispersal power?

A

level 4 fine or 3 months

25
Q

What part of ASB is community protection notices covered by?

A

part 4

26
Q

Magistrates court must hear the application for a closure order within how long of the closure order being issued?

A

48 hours

27
Q

How long can a court make a closure order for?

A

max 3 months

28
Q

Who is to be consulted before an injunction is made against an individual under 18?

A

Youth offending team