Countering Anti-social Behaviour with Individuals

Question 1

What is the definition of anti-social behaviour?

Answer 1

Behaviour which has ‘caused or is likely to cause harassment, alarm or distress to any person’ (s 2(1)(a) of the Anti-social Behaviour, Crime and Policing Act 2014 (ASBCPA).

Question 2

Anti-social Behaviour, Crime and Policing Act 2014 (ASBCPA) provides powers to what?

What two broad categories apply?

Answer 2

Help police and local authorities address ASB and disorder.

Housing related (public places) or Non-housing related (between neighbours for example)

Question 3

What does a Police Officer have the right to acquire from any person who has been acting in an anti social manner?

Answer 3

Their name and address (s 50(1) of the Police Reform Act 2002).

It is a summary offence for such a person to fail to give their accurate name and address when required (s 50(2) of the Police Reform Act 2002) and the penalty is a fine.

Question 4

What are civil injunctions?

Answer 4

An injunction to prevent nuisance or annoyance (IPNA) can be used at an early stage to stop or prevent individuals engaging in ASB.

They are intended for use in non-housing related ASB where the behaviour either caused or was likely to cause harassment, alarm or distress and for housing related ASB where the conduct is capable causing nuisance or annoyance.

Question 5

What are the penalties of civil injunctions?

Answer 5

Not a criminal offence but there are penalties, and the break must be proved to criminal standard (beyond reasonable doubt).

Under 18 is a supervision order or a civil detention order of up to 3 months for (14-17 year olds).

Over 18s the penalty is civil contempt of court with an unlimited fine or up to two years in prison.

Question 6

Do you need to prove an injunction is necessary?

Answer 6

No- they are obtainable on a civil standard of proof (balance of probability).

Question 7

What are CBOs?

Answer 7

The CBO is available on conviction for any criminal offence in any criminal court. The order is aimed at tackling the most serious and persistent offenders where their behaviour has brought them before a criminal court.

Question 8

For a CBO to be made:

Answer 8

The court must be satisfied, beyond reasonable doubt, that the offender has engaged in behaviour that caused, or was likely to cause, harassment, alarm or distress to any person; and

That the court considers making the order will help in preventing the offender from engaging in such behaviour.

(e.g prosecuted for criminal damage and then at court additional evidence for ASB = CBO).

Question 9

What are out of court disposals for young people?

Answer 9

Out of court disposals are favoured by government for dealing with young people who engage in ASB in the first instance in order to prevent criminalisation.

Question 10

What are some examples of OOCD?

Answer 10

Acceptable Behaviour Contracts (ABC) (written agreement between local agency and perpetrator of ASB to desist from the unacceptable behaviour).

Community Resolutions (informal agreement between parties).

Mediation (facilitated conversation between perpatrator and victim).

Parenting Contracts (where parenting is lacking, similar to ABC but signed by parent.

Support and counselling

Verbal warnings

Written warnings

Question 11

What are community triggers and community remedies?

Answer 11

Provides a means for victims to contribute to decisions in managing ASB in their area.

Question 12

What are community triggers?

Answer 12

The Community Trigger is the name generally applied to the Response to Complaints section of the 2014 Act.

Enables victims to require agencies to carry out a review of their response to the anti-social behaviour they reported where they feel they did not get a satisfactory response.

Question 13

What are community remedies?

Answer 13

Allows victims of ASB to be able to choose the most appropriate out of court punishment, reparative, or rehabilitative actions to be taken against perpetrators of low level crime and the ASB.

Question 14

To invoke a community remedy there will need to be:

Answer 14

Evidence indicating that the person has committed an offence or ASB that would warrant the use of a caution of court proceedings for a civil injunction.

An admission from the predator of the behaviour of the offence

Question 15

What is Absolute Ground for Possession (AGP)?

Answer 15

Can be used by landlords to evict tenants where ASB or criminality has already been proven in another court.

Question 16

Do Police get involved with Absolute Ground for Possession (AGP)?

Answer 16

No not directly, it is a civil matter.

Police should be aware of its existence in providing advice to landlords etc. It can be used for secure and assured tenancies in both the social and private sector.†

Question 17

What must a landlord seeking Absolute Ground for Possession (AGP) do?

Answer 17

Serve a notice of the proceedings on the tenant within 3 months where a closure has been used, or within 12 months of the relevant conviction or finding of the court in relation to a breach.

Question 18

It is an offence under what legislation for a person to cause, without reasonable excuse and while on NHS premises, a nuisance or disturbance to an NHS staff member who is working there or is otherwise there in connection with work,

Answer 18

s 119(1) of the Criminal Justice and Immigration Act 2008

Police Officers who reasonably suspect this offence is occurring can remove them from the premises, using reasonable force if necessary s 120(1)

This offence is triable summarily and the penalty is a fine.

Question 19

What is s 119(1) of the Criminal Justice and Immigration Act 2008?

Answer 19

(a) the person causes, without reasonable excuse and while on NHS premises, a nuisance or disturbance to an NHS staff member who is working there or is otherwise there in connection with work,
(b) the person refuses, without reasonable excuse, to leave the NHS premises when asked to do so by a constable or an NHS staff member, and
(c) the person is not on the NHS premises for the purpose of obtaining medical advice, treatment or care for himself or herself.

Question 20

s 119(1) of the Criminal Justice and Immigration Act 2008?

“English NHS premises” means—

Answer 20

(a) any hospital vested in, or managed by, a relevant English NHS body,
(b) any building or other structure, or vehicle, associated with the hospital and situated on hospital grounds (whether or not vested in, or managed by, a relevant English NHS body), and
(c) the hospital grounds,

Question 21

Under s 7 of the Health Act 2006, a person commits an offence if what?

Answer 21

He/she smokes in a ‘smoke free’ place.

Smoke free places include ‘enclosed or substantially enclosed premises which are open to the public, and shared workplaces’.

Question 22

If someone smokes in a ‘smoke free’ place what legislation are they committing an offence against?

Answer 22

Under s 7 of the Health Act 2006

This offence is triable summarily and the penalty is a fine.

Question 23

What is The Dangerous Dogs Act 1991?

Answer 23

The Dangerous Dogs Act 1991 is an Act of the Parliament of the United Kingdom prohibiting or restricting certain types of dogs and codifying the criminal offence of allowing a dog of any breed to be dangerously out of control.

Question 24

When does the owner of the dog commit an offence under s 3(1) of the The Dangerous Dogs Act 1991?

Answer 24

If the dog is dangerously out of control in any place.

The offence is aggravated if the dog causes injury to a person or an assistance dog.

Question 25

When do offences under s 3(1) of the The Dangerous Dogs Act 1991 not apply?

Answer 25

If the dog is in a dwelling or forces accommodation (in the building or partly in it) and was

Question 26

Main sections within The Dangerous Dogs Act 1991

Answer 26

Section 1, Dogs bred for fighting, prohibits the ownership of certain types of dogs, unless exempted on the Index of Exempt Dogs. It was intended to have a preventative effect.

Section 3, Keeping dogs under proper control, creates a criminal offence of allowing any dog (of any breed or type) to be dangerously out of control, and legal action may be taken against the dog’s owner.

Section 4, Destruction and disqualification orders, covers orders for destruction of dogs, and orders for prohibiting offenders from the keeping of dogs for a period of time.

Question 27

What are the penalties under s 3(1) of the The Dangerous Dogs Act 1991?

Answer 27

This offence is triable either way and the penalty is 6 months imprisonment and/ or a fine.

Question 28

Injunctions for gang related violence

Answer 28

An injunction can be taken out against an individual to prevent him/ her from engaging in, or encouraging or assisting, gang related violence (s 34(3) of the Policing and Crime Act 2009).

The Police or a local authority apply to a County Court (or the High Court) for the injunction.

A power of arrest (s 43(2) may be attached to an injunction in case of it being breached.