ASB Flashcards
What Act and year is ASB covered?
Crime and Policing Act 2014
ASB Definiton
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
5 major ASB risk factors
individual, family, peer, school, community
What section of the 2014 Act deals with the power to grant injunctions?
Section 1
What age can a person receive an injunction?
10 years or older
What is the first condition to be met for an injunction to be granted?
court is satisfied, ON THE BALANCE OF PROBABILITIES, that the respondent has engaged or threatens to engage in anti-social behaviour
What is the second condition to be met for an injunction to be granted?
the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in ASB
What must an injunction under section 1 specify?
the period of effect or state that it has effect until further order
An injunction must be no longer than (blank) if the injunction is granted before the respondent has reached 18.
12 months
What is the consequence of breach of an injunction for an adult?
2 years or unlimited fine
What is the consequence of breach of injunction for someone under 18?
youth court imposing a supervision order or a detention order
Under what section can a court attach a power of arrest with an injunction?
section 4
When may a criminal behaviour order be made? (CBO)
against an offender when they have been sentenced for the offence or given a conditional charge
A CBO can be made against a person of what age?
10 years or older
How long should a CBO order be for an adult?
minimum of 2 years up to an indefinite period