Lesson 3.1 Miscellaneous Antisocial Offences Flashcards
What are the laws in relation to Urinating and Defecating in public?
Section 47 Civic Government (Scotland) Act 1982
Creates and offence for:-
- Any person to urinate or defecate
- In such circumstances as to cause or be likely to cause
- Annoyance to any other person
NOTE- this offence can be committed anywhere if the circumstances cause annoyance to others.
If they are over 16 you can deal with it with a fixed penalty notice unless they have a supervision order.
What are the laws in relation to obstruction by pedestrians?
Section 53 Civic Government (Scotland) Act 1982
It is an offence for any person who, being on foot in any public place to:-
1) Obstruct, along with others, the lawful passage of any other person if they fail to desist on being requested to do so by a constable in uniform.
2) Wilfully obstruct the lawful passage of any other person
First part requires more than one person to be present and they have to warned by a uniformed constable.
Second part can be committed by one person if wilful.
This act covers people who display good for sale by placing them on or allowed them to overhang a footpath. Unless they have lawful authority e.g. street traders or market operators
What is touting?
To solicit custom or pester possible customers.
S55 Civic Government (Scotland) Act 1982
Creates an offence for any person to tout for the purposes of selling, advertising or obtaining custom, in a public place if:-
1) It gives any other person reasonable cause for annoyance, and
2) The person fails to desist on being required to do so by a constable in uniform.
What are the laws in relation to littering?
Environmental Protection Act 1990.
S87(1)
- Any person who throws down, drops or otherwise deposits in, into or from any place to which this section applies.
Shall be guilty of an offence (Basically don’t litter)
S87(2)
Creates exemptions and states that there is no offence where the depositing of the thing was:-
1) Authorised by law
2) 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.
S87(3) states the offence applied to any public place.
Does an officer have to witness someone dropping litter? And what would the person be issued?
No officer does not have to witness it. Officer can issue a Fixed Penalty Notice if there is evidence to support an offence has been committed. Maximum fine is £200.
What does section 92(2) of the Civic Government (Scotland) Act 1982 say?
Creates an offence to drop litter in common property. Referring to common stairs, passages, back greens and private courts as opposed to public places.
What are some practicalities in relation to littering in the real world?
You don’t have to allow them the opportunity to pick up the litter as an alternative for prosecution.
The majority of Procurator Fiscals are reluctant to proceed with a case unless the offender was given the opportunity to pick up the litter.
What is s54 of the Civic Government (Scotland) Act 1982?
Offence can be committed anywhere. It is designed to be dealt with by a warning in the first place and if this fails then appropriate action can be taken.
This section creates an offence for any person to:-
- Sound or play any musical instrument; or
- Sing or perform; or
- Operate any radio, tv, record player, tape player, or other sound producing devise
If it gives any other person reasonable cause for annoyance and the offender refuses to desist on being required to do so by a constable in uniform. (offence not complete until the accused has failed to desist)
Can be dealt with by means of a fixed penalty notice, if they are 16+ and not subject to a fixed penalty notice.
If they fail to desist, police officers are empowered to enter without warrant and seize noise making equipment and use reasonable force to do so. The section also empowers police to retain equipment and hold it for up to 28 days. Owner will be liable for storage costs.
What are the laws regarding seizure of vehicles?
Antisocial Behaviour Etc. (Scotland) Act 2004
Constable in uniform can seize vehicles which are used in a manner which cause alarm, distress or annoyance to members of the public if that constable has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which contravenes section 3 and 34 RTA
Public and areas off road
If the motor vehicle is moving a constable may:-
- Stop the vehicle
- Seize and remove the vehicle
- Enter the premises where the constable has reasonable grounds for believing the motor vehicle to be (other than a private dwelling house)
- AND MAY USE REASONABLE FORCE IN DOING SO.
Private dwelling house does not include:-
- Any garage or other structure occupied with the dwelling house
- Any land apportioned to the dwelling house
You cannot seize the vehicle unless:-
- You have warned the person that should they continue you’ll seize the vehicle or
- If after warning the use has continued or has been repeated.
What are the laws regarding seizure of vehicles?
Antisocial Behaviour Etc. (Scotland) Act 2004
Constable in uniform can seize vehicles which are used in a manner which cause alarm, distress or annoyance to members of the public if that constable has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which contravenes section 3 and 34 RTA
Public and areas off road
If the motor vehicle is moving a constable may:-
- Stop the vehicle
- Seize and remove the vehicle
- Enter the premises where the constable has reasonable grounds for believing the motor vehicle to be (other than a private dwelling house)
- AND MAY USE REASONABLE FORCE IN DOING SO.
Private dwelling house does not include:-
- Any garage or other structure occupied with the dwelling house
- Any land apportioned to the dwelling house
You cannot seize the vehicle unless:-
- You have warned the person that should they continue you’ll seize the vehicle or
- If after warning the use has continued or has been repeated.
(Warnings can be given verbally, good practice is to also issue a written warning)
When are warning still valid?:
- Previous warning does not need to be from the same PC
- Previous warning still valid if the commit a similar offence in a different car
- Previous warning still valid for the vehicle if found in similar circumstances with a different driver
- Previous warning will remain live for a period of 12 months regardless of the number of times the vehicle is seized
- Full details of the vehicle and driver must be noted on the PNC
Release of vehicle
This can only be done by the payment of fees, charges or any other costs incurred due to the removal and retention of the vehicle and any application for its release.
Person does not have to pay if…
- They did not know of the use which led to its seizure or
- Did not consent to its use or
- Could not have prevented its use in the manner that resulted to the vehicles seizure.
The vehicle can be disposed of the vehicle if not claimed and removed. But the vehicle cannot be disposed of:-
- In three months following the seizure
- Nor can it be disposed of during the seven day period specified in the seizure notice.
What is a seizure vehicle notice?
Can be given by delivering it to the owner, by leaving it at their usual or last known address or by sending it recorded delivery. If it is a corporate car the notice can be delivered or sent to company secretary.
