Public Order And ASB Flashcards
Outline the definition of Anti-social behaviour under S.2.1.A of the Anti-social Behaviour, Crime and Policing Act 2014
Anti-social behaviour is behaviour which has caused or is likely to causs harassment, alarm or distress to any persons (S.2.1.A).
The ABCPA 2014 provides powers and injunctions to help the police and local authorities to address ASB and disorder.
Broadly categorised as housing related or non-housing related.
Outline the offence of providing false information when acting in an anti-social manner under S.50.1 of the Police Reform Act 2002.
An officer can require anyone who has/ is behaving in an anti-social manner to provide their name and address (S.50.1 Police Reform Act 2002).
An offence to fail to give the correct name and address when required (S.50.2 Police Reform Act 2002).
Triable Summarily: Fine.
Outline the use of Civil Injunctions.
Injunctions to Prevent Nusiance and Annoyance (IPNAs) can be used at an early stage to stop or prevent ASB. They are intended for use in non-housing ASB where behaviour caused/ was likely to cause harassment, alarm or distress or housing related ASB where the conduct is capable of causing nuisance or annoyance.
The injunction is issued by the county court, or high court for 18+ and the youth court for under 18.
No need to prove an injunction is necessary.
Breaching an injunction is not a criminal offence but there are penalties, and the breach must be proved to ctiminal standard (beyond reasonable doubt).
Outline the use of Criminal Behaviour Orders under S.22 of the ASBCPA 2014.
CBOs can be used to deal with the noet persistently anti-social individuals who engage in criminal activity.
They are issued by a criminal court on conviction of any criminal offence. (the ASB does not have to be part of the offence.
The court must be satisfied beyond reasonable doubt the offender had already engaged in behaviours which had/ were likely to cause harassment, alarm or distress and making the order would prevent the offender from engaging in further similar behaviour (S.22 ASBCPA 2014).
Breaching a CBO is a criminal offence so must be proved beyond reasonable doubt.
Summarily: Fine and/or six months imprisonment.
Indictment: Fine and/ or up to five years imprisonment.
Outline the use of out of court disposals for young people.
These are favoured by the government for dealing with young people who engage in ASB.
Examples of OOCDs include;
- Acceptable Behaviour Contracts: A written agreement between local agency and perpetrator.
- Community Resolutions; Used with adults and juveniles to draw up an agreement between parties in restorative justice.
- Mediation: Restorative justice through a facilitated conversation between perpetrator and victim.
- Parenting Contracts; Considered if a parent/ guardian is a bad influence on someone under 18 or supervisioknis lacking, similar to an ABC (parent must sign and considered only if the perpetrator is under the age of criminal responsibility).
- Support and counselling: Drugs and alcohol can contribute to ASB so inteventions can be instigated.
- Verbal Warnings: Issued by police, council or housing officer if ASB has occurred or been likely.
- Written Warnings: should include details of the behaviour, why its unacceptable and any victims (like with verbal)
Outline the use of community triggers and victim engagement
Community triggers and remedies provide a means for victims to contribute to decisions around managing ASB in their area.
Allows the victim or someone on their behalf to formally request ASB incidents be reviewed by the police and local councils, they will determine if a threshold has been reached (usually thrre complaints over six months). Persistence and harm of ASB will also be considered.
Agencies must inform the victim if tbr threshold has been met, and if a case review will take place.
A community remedy allows victims to choose the most appropriate out of court action: there must be evidence indicating the person has committed an offence or ASB and an admission from the perpetrator of the behaviour or offence.
If the perpetrator fails to comply with a conditional/ youth caution, court proceedings can be used.
Outline tbe offence of smoking in a smoke-free place under S7 of the Health Act 2006
A person commits an offence if they smoke in a ‘smoke free place’ this includes the use of cigarettes, pipes, cigars, herbal cigarettes and water pipes (hookah/shisha pipes). This covers those of ‘enclosed or substantially enclosed premises which are open to the public, and shared workplaces’ (use 50% rule for substantially enclosed premises - openings in the walls must make up less than half the total area of walls)
Triable summarily: Fine. Additionally can also be delt with by means of a fixed penalty.
Outline the offence of dangerous dogs and ASB under S.3.1 of the Dangerous Dogs Act 1991.
Dogs must be kept under control snd prevented from injuring people or other dogs.
The owner of the dog or person in charge of the dog (A) at the time commit an offence if the dog is dangerously out of control in any place, the offence is aggravated if the dog causes injury to a person or assistance dog (B).
These offences do not apply if the dog is in a dwelling or forces accommodation and person B was in as a trespasser or person A was present and believed B to be trespassing.
Basic offence triable summarily: Fine and/ or six months imprisonment.
Aggravated offence either way:
Summarily: Fine and/ or six months imprisonment.
Indictment: Fourteen years if a person dies as a result of beinf injured.
Five years in any other case where a person was inhured.
Three years if an assistance dog is injured or dies.
Outline the use of dispersal orders
A DO allows a uniformed police officer or designated PCSO to direct any person committing or likely to commit ASB, crime, or disorder to leave an area for up to 48 hours.
The order can be used for any person over the age of 10.
The ASB must be contributing (or be likely) to cause harassment, alarm or distress to members of thr public in the local area or occurence of crime and disorder.
The direction to lesve must be necessary to remove or reduce the likelihood of the behaviour.
Must be authorised by an officer of the rank Inspector or above.
The order must be given in writing unless it is impracticable and should specify the area, time period, the route and time recipients.
Breaching a dispersal order is a summary offence with up to three months in prison (adults only) and/ or a fine.
Police officer and PCSO can require the person to hand over any other items which could be used to commit ASB, crime or disorder. (Not a power of seizure so no force can be used). If they are unwilling to go voluntarily the word ‘remove’ has been held to mean ‘take away using reasonable force if necessary’.
Outline the use of Community Protection Notices
A CPN is designed to address ASB caused by an individual aged 16+, businesses or other organisations.
The ASB needs to be having a detrimental effect on the quality of life for other people in the locality as well as persistent and unreasonable.
Council officers, police officers, PCSOs and social landlords can issue CPNs however must first issue a written warning detailing the problem behaviour, requesting it to stop and the consequences should it contine.
Breaching a CPN is a criminal offence with penalties of a fixed penalty notice uo to £100 or on summary conviction a fine for contempt of court.
In the case of a conviction the prosecutinf authority can ask the court to impose a remedial and/ or forfeiture order.
Outline the use of public spaces protection orders.
A PSPO is issued by a council and designed to manage a specific problem which is caused by individuals or groups in a specific public place.
The ASB must be having/ likely to have a detrimental effect on the quality of life for local people and is persistent and unreasonable.
The restrictions imposed must be proportionate and justified, eg keeping dogs on a lead or prohibiting the consumption of alcohol in a certain area.
A PSPO takes presedence over any by law prohibiting activity in an area.
Access to public spaces can be restricted if ASB is ocurring there.
It is an offence for a person without reasonable excuse to fail to comply with a PSPO, apart from in relation to alcohol. A PSPO prohibiting alcohol consumption is only breached when a person is challenged and fails to stop drinking or surrender the alcohol (this allows for peaceful consumption).
Breaching a PSPO is a summary offence: Fine and/ or fixed penalty notice.
Outline the use of Closure notices and Orders
These can be used to close premises (licensed, enclosed or open, residential and business) which are causing nuisance or disorder. A closure notice applies for 24 hours but can be extended.
A closure order is a longer term solution and can be issued subsequent to a closure notice if necessary. Court must be satisfied that the notice or order is necessary to prevent the nuisance or disorder.
Residents cannot be prohibited from accessing their homes under a closure notice but will have leave if a closure order is issued.
A closure notice is initially issued for 24 hours the council or police officer (inspector or above) must be satisfied on reasonable grounds that the use of the premises has/ is likely to result in nuisance towards members of the public or disorder near the premises.
Notice can be extended up to 24 hours by a council CEO or a Police Superintendent.
When a closure notice is issued an application for a closure order must be made to the magistrates court who can extend the closure notice if necessary for a further 48 hours so a closure notice is issued.
It is a criminal offence to enter or remain on premises in contrivention of a closure notice or extension. Penalty is an unlimited fine and/ or imprisonment of up to three months.
Also an offence to obstruct a police offocer or local council employee who is serving a notice or entering/ securing the premises. Penalty an unlimited fine and/ or up to three months imprisonment.
A closure order can be used if it seems necessary. The court must be satisfied that without it there will be a seriois nuisance to members of the public or disorderly, offensive or criminal behaviour.
A criminal offence to remain on or enter premises in contravention to a closure order without reasonable excuse. Penalty is a fine and/ or imprisonment of up to six months.
Outline Breach of the Peace
Breach of the peace is committed whenever harm is done to a person, or harm is likely to be done to a person, or in the presence of a person harm is done/ likely to be done to their property, or whenever s person is in fear of being harmed through an assault, riot or other disturbance.
Considerable debate around the meaning and if the police should have powers in this respect (partly due to the law not being statute or criminal offence) And being common law.
Some forces discourage the use of police powers in relation to breach of the peace whilst others view it as an important means of reducing the likelihood of harm.
In all cases, uses of ‘breach of the peace’ should be consistent with Article 5 (liberty and security), Article 10 (freedom of expression), Article 11 (freedom of assembly and association) of the Human Rights Act 1998.
Any person committing breach of the peace can in law be arrested by any other person (although most often will be by a police officer) and can be detained until there is no likelihoof of breach of the peace recurring. They may be released without furthrr action or ‘bound over’.
Outline the powers of arrest and entry for breach of the peace
Any person (A) may arrest any person (B) where B is committing a breach of the peace in the presence of A, or where A reasoably believes such a breach of the peace will be committed in the immediate future by B although no breach has occurred at this stage, or where B has committed a breach of the peace and A reasonably believed there us a danger it wikk begin again.
For arrest to be lawful the person making the arrest must identify the all-important ingredients of harm and the actual circumstances. Under common law an officer is entitled to enter either private or public premises in order to make an arrest for a breach of the peace or to prevent such a breach. Once the breach is over the officer should leave the premises within a ‘reasonable time’ if they are assaulted during this time it could be regarded as assault on an emergency worker fulfilling their duty. If the officer has not then their presence may be unlawful and therefore might not be protected under criminal law.
Containment (‘kettling’) is used by police to maintain public order and safety. Involves putting a cordon around a large group of people and confining them to a small, easily managed public area. Officers decide who remains inside and for how long.
When deciding if a breach of the peace is imminent, the circumstances must be taken into account, eg if two or more different groups are present, the combination of their actuons should be considered.
Outline the use of binding-over after an arrest for breach of the peace
After an arrest for breach of the peace the police can release a person with no further action or the CPS might decide (S.3.2.C Prosecution of Offences Act 1985) that further action is required to reduce the risk of another breach.
The person will appear before a magistrates court which can issue a binding-over order which can require the recipient to keep the peace for a specified time and/ or enter into a recognizance for a specified sum (agreement to pay a financial penalty if brought back after subsequent breaches).
