Lesson 3.1 - Miscellaneous Antisocial Offences

Question 1

Under S128 of the Antisocial Behaviour Etc. (Scotland) Act 2004, what offences may be dealt with an ASBO FPN?

Answer 1

• Section 115 of the Licensing (Scotland) Act 2005 Riotous behaviour or disorderly conduct while drink in licensed premises
• Section 116 of the Licensing (Scotland) Act 2005 Refusing to leave licenced premises while being riotous or disorderly on being requested to do so
• Section 47 of the Civic Government (Scotland) Act 1982 Urinating or defecating in circumstances causing annoyance to others
• Section 50(1) of the Civic Government (Scotland) Act 1982 being drunk and incapable in a public place
• Section 50(2) of the Civic Government (Scotland) Act 1982 being drunk in a public place in charge of a child
• Section 54(1) of the Civic Government (Scotland) Act 1982 persisting to annoyance of others, in playing musical instruments, singing, playing radios etc. on being required to stop
• Section 52(1) of the Criminal (Consolidation) (Scotland) Act 1995 vandalism
• Sections 201 and 203 of the Local Government (Scotland) Act 1973 consuming alcoholic liquor in a public place
• Breach of the peace
• Malicious mischief

Question 2

What are exceptions for obstruction by pedestrians?

Answer 2

• People who hand or place goods over footpaths, if they have lawful authority e.g. people with a street traders, market operators’ licence, pedlar’s licence or for sale of newspapers

Question 3

What is touting?

Answer 3

The unlawful selling, advertising or obtaining custom in a public place

Question 4

What are the exceptions for littering?

Answer 4

• Authorised by law
• It was done with the consent of the owner, occupier or other person having control of the place in or into which the thing was deposited

Question 5

Where can littering be an offence?

Answer 5

• Any public place
• Any relevant highway or relevant road and any trunk road which is a special road
• Any place on relevant land of a principal litter authority
• Any place on relevant Crown land
• Any place on relevant land of any designated statutory undertaker
• Any place on relevant land of any designated educational institute
• Any place on relevant land within a litter control area of a local authority

Question 6

What does Section 54 of the Civic Government (Scotland) Act 1982 create and offence for any person to do?

Answer 6

• Sound or place any musical instrument; or
• Sing or perform; or
• Operate any radio, television, record player, tape player, or other sound producing device,
  at such a level as to cause annoyance to any person and the offender refuses to desist on being required to do so by a Constable in uniform

Question 7

Who long can the Police hold someone’s noise making equipment in relation so Section 64 of the CGSA 82 Act?

Answer 7

28 days, where upon the owner may reclaim the property being liable for any storage costs

Question 8

Under 126 of the Anti-Social Behaviour Etc. (Scotland) Act 2004 what powers does a PC have in regards to someone driving a MV which contravenes Section 3 or 4 of the RTA 88?

Answer 8

If the motor vehicle is moving

• Order the person driving it to stop the vehicle
• Seize and remove the vehicle
• Enter any premises where the constable has reasonable grounds for believing the MV to be (Other than a private dwelling house (not including any garage or other structure occupied with the dwelling house or any land apportioned to the dwelling house))
• And may use reasonable force in doing so

Question 9

What must have occurred before a PC has the power to seize a vehicle in contravention with Section 126 of the ASBSA 04?

Answer 9

• Warn the person that should they continue you will seize the vehicle, or
• If after the warning the use has continued or has been repeated