Antisocial behaviour toolkit
The Antisocial Behaviour, Crime and Policing Act 2014 became law on 20 October 2014. The aim of the Act is to streamline the toolkit professionals have at their disposal to deal with antisocial behaviour in to a unified framework of 6 powers, down from 19 created in various legislation including the Crime and Disorder Act 1998 and Anti Social Behaviour Act 2003.
The injunction replaces the stand alone ASBO and the ASBI. Injunctions apply to individuals aged 10 and over and, unlike ASBOs and ASBIs, will impose positive requirements as well and prohibitions.
Criminal Behaviour Order (CBO)
The Criminal Behaviour Order can be issued by a court following a conviction for a criminal offence. The CBO replaces the post conviction ASBO or CRASBO as well as the Drinking Banning Order. Like Injunctions, CBOs can impose positive requirements as well as prohibitions.
Police dispersal powers
The new police dispersal power replaces two police powers: section 30 of the Anti Social Behaviour Act 2003 (dispersing groups) and section 27 of the Violent Crime Reduction Act 2006 (direction to leave for up to 48 hours in cases of alcohol related ASB and disorder). The new power has two elements:
Section 35 Direction to Leave – where an officer can direct a person to leave a specified area for a specified time period.
- Section 37 Surrender of Property – additionally an officer who gives direction under section 35 may also direct a person to surrender any item in their possession that is likely to cause to be used in behaviour that causes harassment, alarm or distress to other members of the public.
Community Protection Notice (CPN)
Community Protection Notices bring together a number of previous environmental powers, such as Litter Clearing Notices, Street Litter Control Notices and Defacement Removal Notices. A CPN is a notice that imposes any of the following requirements on an individual or body issued with it:
- a requirement to stop doing specified things
- a requirement to do specified things
- a requirement to take reasonable steps to achieve specified results.
Public Space Protection Order (PSPO)
Public Space Protection Orders replace previous powers to make Designated Public Place Orders (to control consumption of alcohol), Dog Control Orders (covering 5 offences of failing to remove dog faeces, not keeping dog on a lead, permitting dog to enter land from which dogs are excluded and taking more than a certain number of dogs onto public land) and Gating Orders (to restrict right of way to reduce ASB, crime and disorder). The PSPO enables the local authority to impose conditions on the use of an area in order to deal with a particular problem or nuisance.
Closure of premises associated with nuisance or disorder
These new powers merge four previous powers (Crack House Closures and Nuisance Premises Closures under the Anti Social Behaviour Act 2003, 24 hour Noisy Premises Closure Order and Police Power Section 61 Closure Orders) into one streamlined system.
Closure Notices can be issued by the police or local authority for 24 hours (and up to 72 hours where necessary) when satisfied on reasonable grounds:
that the use of particular premises has resulted or is likely soon to result in nuisance to members of the public, or
that there has been or is likely soon to be disorder near those premises associated with the use of those premises.
Closure Orders up to a period of 3 months can be sought from a magistrates court by police and local authorities once a Closure Notice has been issued. The court may make a Closure Order if it is satisfied:
- that a person has engaged, or is likely to engage, in disorderly, offensive or criminal behaviour on the premises, or
- that the use of the premises has resulted, or is likely to result, in serious nuisance to members of the public, or
- that there has been, or is likely to be, disorder near those premises associated with the use of the premises
- and that the order is necessary to prevent the behaviour, nuisance or disorder from continuing, recurring or occurring.
Local involvement and accountability
The community trigger allows victims and communities to ask for a response to persistent antisocial behaviour.