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Anti-Social Behaviour - explained

Anti-Social Behaviour (ASB)

Anti-Social Behaviour is defined in the Home Office's Crime and Disorder Act (1998) as "acting in a manner that caused, or was likely to cause, harassment, alarm, or distrress to one or more persons not of the same household as [the defendant]."

Specific examples include, to name a few;

  • Drug Taking,
  • Street Drinking,
  • Noise Complaints,
  • Throwing Missiles,
  • Verbal Abuse,
  • Graffiti, or
  • Littering

Anti-Social Behaviour, Crime and Policing Act (2014)

Oadby and Wigston Borough Council are committed to tackling Anti-Social Behaviour and, along with professionals such as the Police, other Local Authorities, and Housing Providers, use this Act to manage reports of such behaviour. The Home Office maintains that the reforms through this Act which have amended and revoked numerous Anti-Social Behaviour legislation are "designed to put victims at the heart of the response to Anti-Social Behaviour, and give professionals the flexibility they need to deal with any given situation".

The following are the summarised 'headlines' of the Act which give professionals the tools to tackle Anti-Social Behaviour. To view the Act in full, follow the link to the Anti-Social Behaviour, Police And Crime Act. For guidance on how the legislation is followed by the Police and Local Authorities, follow the link to the Anti - Social Behaviour Powers Guidance (PDF Document, 880.3 Kb) issued by the Home Office.

Civil Injunctions

A court may grant an injunction under this section against a person aged 10 or over (“the respondent”). The court has to be satisfied, on the balance of probabilities, that the respondent has engaged or threatens to engage in Anti-Social Behaviour as well as the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in Anti-Social Behaviour.

An injunction may for the purpose of preventing the respondent from engaging in Anti-Social Behaviour, prohibit them from doing anything described in the injunction, as well as require them to do anything described in the injunction. This may include attending drug or alcohol projects for example.

Criminal Behaviour Orders

This section applies where a person (“the offender”) is convicted of an offence. The court may make a criminal behaviour order against the offender if two conditions are met. The first condition is that the court is satisfied, beyond reasonable doubt, that the offender has engaged in behaviour that caused or was likely to cause harassment, alarm or distress to any person. The second condition is that the court considers that making the order will help in preventing the offender from engaging in such behaviour.

Just like a Civil Injunction, a Criminal Behaviour Order can prohibit the offender from doing anything described in the order as well as to do anything contained within it.

Dispersal Powers

A Dispersal Order can be used when there are high amounts of Anti-Social Behaviour being reported at public locations. A police officer can direct individuals to leave to locality specified in the order and not return within a specific period, not exceeding 48 hours if they believe they are contributing to the behaviour that is affecting the public in that locality.

Community Protection Notices

These are aimed for tackling individuals or companies that whose conduct is having a detrimental effect on the quality of life of people living within the area. This can consist of noise, littering, smells to name a few. A breach of this notice can result in a fixed penalty notice amongst other disposals.

Public Spaces Protection Orders (PSPO)

PSPO’s are used to prevent on-going Anti-Social Behaviour of which is affecting the quality of lives of those who live in the area. This can include locations that are subject to dog fouling, rowdy and nuisance behaviour linked to drinking alcohol etc. PSPO’s can prohibit specified these things being done.

Closure Notices

Closure Notices are used to tackle nuisance behaviour from a premise or disorder near to the premise associated with the use of that premise. This notice can prohibit all but specified people from entering the address for 24 or 48 hours.

Multi-Agency Working

Oadby and Wigston Borough Council is dedicated to multi-agency working when it comes to managing cases of Anti-Social Behaviour as to achieve the best results for the victim(s), as well as deterring the perpetrator from becoming further involved in such instances. We work very closely with Leicestershire Police to ensure that Anti-Social Behaviour incidents within the borough are dealt with effectively and professionally.

How to Report Anti-Social Behaviour

If you wish to report non urgent Anti-Social Behaviour, you can contact the Anti-Social Behaviour Officer at Oadby and Wigston Borough Council using the contact details to the right of this page. You may also like to contact Leicestershire Police on 101 for non-urgent enquiries or 999 in an emergency. Leicestershire Police also take and investigate online reports via https://leics.police.uk/report-online.

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