Anti-Social Behaviour, Crime and Policing Act 2014
The Home Office maintains that the reforms through this act which 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." These reforms are made in the Anti-Social Behaviour, Crime and Policing Act 2014 and all sections are now in force.
The Act is sizeable and a detailed review is not possible. The following are the 'headlines' of the Act. To view the whole act 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.
Under the legislation the ASBO was removed unless existing prior to the change in the legislation, and provisions attached by ASBOs may now be made through S1 injunctions.
Anti-Social Behaviour Contract (ABC) or Parenting ABC remain within the Act and may be used as an early intervention to bring to the attention of the parties the actions that may be considered Anti-Social Behaviour.
The new civil injunctions, are available to minors as well as adults and are obtainable from the County Court or, alternatively, the Youth Court for 10-17 year olds. The test for the injunction differs slightly according to whether the injunction application relates to housing-related behaviour or is anti-social behaviour ("ASB") occurring more widely in a community. In addition it must be shown that the making of the order is just and convenient to prevent further ASB. The standard of proof for this 2 stage test is assessed on the balance of probabilities and therefore is a civil test rather than the higher criminal test applicable to the previous ASBOs.
The Act introduces a formal statutory duty to 'consult' in all but without notice cases - if an application is against a minor, the Council must consult with the Youth Offending Team; for all other applications the Council must inform any other body or individual 'the applicant thinks appropriate.'
Notable is the express ability to seek positive obligations that can be placed on a Defendant - to attend drug or alcohol projects, for example.
An order excluding a person from their home will still be available under the Act, but only for those over 18. There is no specific mention of exclusion from other areas (of the ASBI provisions) - the Guidance on the Act does however envisage exclusion from any area.
Criminal Behaviour Orders
Conviction-based ASBOs do survive in the form of Criminal Behaviour Orders.
There are 2 provisions to tackle what the Act describes as 'environmental' ASB. Community Protection Notices are aimed at tackling littering, dog fouling, noise etc and can be issued against individuals and companies. The notices can be issued by more agencies than current measures, including police, local authorities and housing associations (if authorised to do so). Breach can result in fixed penalty notices and will be a criminal offence.
Public Space Protection Orders are aimed more widely at tackling specific problems within a specific areas, such as the drinking of alcohol or dog fouling
Dispersal orders and Closure Orders continue, albeit that the legislation is now all amalgamated into one clear set of rules under the Act.
Changes to Possession Grounds
There are several changes being made to the possession grounds contained in the Housing Acts 1985 and 1988. The biggest change is in relation to the introduction of a new mandatory ground for possession where there has been serious ASB. The Acts set out a number of conditions which if proven (and subject to any human rights proportionality defence that the tenant may raise) will lead to the making of an outright possession order.
There are also new grounds in relation to riot and nuisance behaviour affecting a landlord's housing management function.
The Act focus on the idea of the Community and restorative justice. The Act contains 2 provisions to emphasise these values. The 'Community Remedy Document' which set out a community level the alternatives that a community is prepared to offer to an individual who has engaged in ASB. Cleaning graffiti, engaging in local projects etc are envisaged. It also sets out where the community can intervene for further information follow the link community trigger level
How to report anti social behaviour
If you wish to report non urgent anti social behaviour, you can contact the Community team 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 (0116) 222 2222 for non-urgent enquiries, or 999 in an emergency. The Council and the Police work closely together to ensure that ASB incidents within the borough are dealt with effectively and professionally.
In cases of ongoing anti social behaviour, you may be asked to complete an incident diary.
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Last updated: Friday, 31 August 2018 10:52 am