Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 Flashcards
What is an ASBO?
Antisocial Behaviour Orders are civil orders what exist to protect the public from behaviour that causes or is likely to cause alarm and distress.
They have conditions prohibiting the person named from doing anything specified or entering defined areas.
They are not criminal penalties and are not punishments, but breaching is a criminal offence.
Intended to tackle both behaviour which is likely to escalate to criminal level and patterns of behaviour which cause alarm and distress to a community.
what is the minimum age a person may be subject to an ASBO?
12
Who can apply for an ASBO?
Local authorities, registered social landlords, in consultation with police, can apply to the sheriff court for an inerim or full ASBO.
Only where there is evidence that the person has behaved in an antisocial manner and the order is necessary for the protection of persons from further antisocial behaviour. If the person is under 16, applicant must consult the Principle Reporter.
Cannot be against someone in the same household.
Not just for neighbour disputes, can be used in e.g. parks, shopping centres
When will a sheriff make an Antisocial Behaviour Order?
- The specified person is at least 12 years of age
- The specified person has engaged in antisocial behaviour towards a relevant person
- An antisocial behaviour order is necessary for the purpose of protecting relevant persons from further antisocial behaviour by the specified person.
What is an Interim ASBO?
Available under s7 of the act.
Provides immediate protection from antisocial behaviour and prohibits the person named in the order from doing anything prescribed in it. This is pending the determination of the application for a full ASBO.
Normally doesn’t specify how long the conditions should apply.
What happens is someone is in breach of an ASBO?
s9 Creates an offence for any person to breach an interim or full ASBO.
Reporting responsibility falls on police.
Punishment is 6 months in prison
A fine not exceeding the statutory maximum
Or both
On indictment,
Up to 5 years in prison and an unlimited fine.
(S1 arrest)
S9(3) and (4) where a person commits a separate offence in addition to this. The breach will not be prosecuted as a separate offence but will be taken into account as an aggravating factor in determining the sentence.
What if the breach of an ASBO involves a child between 12-15?
Goes to PF and The Reporter to the Children’s Panel.
What is a dispersal area?
Where a superintendent has reasonable cause to believe that members of the public have been alarmed or distressed by the presence or behaviour of groups of two or more persons in a public place,
And that antisocial behaviour is a significant, persistent and serious problem in that area;
That officer may, after consultation with the relevant local authority, designate that area as a dispersal area.
(Public place - any place the public have access at the material time whether on payment or otherwise. Includes common passage, places where public don’t have access but have unlawfully gained access)
Authorisation note must be published in a newspaper and be displayed in the area.
Can be for certain days or times, cannot exceed three months.
What are police powers in relation to dispersal of a group?
When a PC has reasonable grounds for believing that the presence or behaviour of a group of 2 or more person in any public place in the designated area is causing or likely to cause alarm or distress to any members of the public, they may:
- Require the group to disperse
- Direct persons who do not reside in the designated area to leave.
- Direct any of those persons not to return for a period of time (not exceeding 24 hours)
A person commits an offence if they without reasonable excuse knowingly contravene a direction given to them.
What are exemptions in relation to Dispersal of Groups?
Group of person:
- Who are engaged in conduct which is lawful (e.g. picketing during a strike)
- Who are taking part in a procession in respect if which proper written notice has been given and agreed by the local authority.
What is meant by closure of a premises?
The antisocial behaviour Etc (Scotland) Act 2004 gives police the power to premises in which persons engage in antisocial behaviour.
When can a closure notice be served?
Close notice may be served by senior officer where:
- At any time during the immediately preceding three months a person has engaged in antisocial behaviour on the premises; and
- The use of the premises is associated with the occurrence of relevant harm.
What does a closure notice do?
If given orally, must be confirmed by a senior police officer
Prohibits access to premises by any person other than:-
- A person who habitually resides in the premises, or
- The owner of the premises
How must a closure notice be served?
They will be served by a constable by fixing a copy of the notice to:-
- At least one prominent place on the premises
- Each normal means of access to the premises
- Any outbuilding used with or as part of the premises
- And providing a copy of the notice to any person, who lives on, has control of, or responsivity for the premises.
NOTE if a constable believes that the access of any person who occupies any other part of the building would be impeded by the closure notice they shall give a copy of the notice to that person.
What is a Closure order?
No later than the first court day after the service of the closure notice, a senior police officer shall apply to a sheriff for a closure order.
It authorises closure of the premises specified to all persons for a period not exceeding 3 months. This can be extended to 6 months on application to a sheriff by a senior officer.
A constable or an authorised person may:-
- Do anything necessary to secure closed premises against entry by any person.
- Carry out essential maintenance or repairs to closed premises and
- Enter premises for the above purposes; and may use reasonable force in order to effect the above.
Authorised person is someone authorised in writing by the chief constable. They must show ID.
