Anti-social behaviour

Anti-social behaviour is a broad term used to describe day-to-day incidents of nuisance and disorder that affects people's lives

What is anti-social behaviour?

This can cover everything from litter to aggressive dogs, vandalism to noisy neighbours and public drunkenness to noisy vehicles, but it generally falls into these categories:

Personal

Behaviour that targets a particular individual or specific group or is aimed at having an impact on a particular individual or incident rather than a community at large.

Nuisance

Individuals or incidents that cause trouble, annoyance, inconvenience, offence or suffering to people in the local community in general, rather than targeted at an individual.

Environmental

Incidents and inconsiderate actions which impact on the surroundings including the natural, built and social environments.

Who deals with anti-social behaviour?

Such a wide range of unacceptable behaviour means that responsibility for dealing with it has to be shared between agencies.

We have information sharing agreements and systems in place in order to work together.

Enforcement powers

The new Anti-Social Behaviour Crime and Policing Act 2014 gave new powers to authorities to tackle anti-social behaviour as follows:

Civil Injunctions

Court agrees that behaviour meets harassment, alarm or distress for non-housing related anti-social behaviour or meets nuisance or annoyance test for housing related anti-social behaviour (using civil standard of proof - on balance of probabilities) and that it is just and convenient to grant the injunction for the purposes of preventing such behaviour.

A court may grant the injunction against anyone who is 10 years or over. It can also include positive requirements to get the individual to deal with the underlying cause of their behaviour.

Criminal Behaviour Orders (CBO)

Previously known as Anti-Social Behaviour Orders (ASBOs). These are issued by any criminal court against a person who has been convicted of an offence to tackle the most persistently anti-social individuals who are also engaged in criminal activity.

The court must be satisfied beyond reasonable doubt that they have engaged in behaviour that has caused or likely to cause harassment, alarm or distress and that the order will help prevent them from engaging in such behaviour.

The prosecution (usually Crown Prosecution Service) are the only applicants but can do so on request from the police or council.

Public Space Protection Orders

Designed to stop individuals or groups committing anti-social behaviour in a public space.

Behaviour has to have a detrimental effect on the quality of life in the locality, be of a persistent or continuing nature and be unreasonable. Restrictions and requirements set by the council after consultation with police, PCC and other relevant bodies.

Closure Powers

To allow the police or council to quickly close premises which are being used, or likely to be used, to commit nuisance or disorder.

To be used if the following has occurred or will occur if power not used:

  • disorderly, offensive or criminal behaviour;
  • serious nuisance to the public; or,
  • disorder near the premises.

Following on from this the closure order can be applied for through the courts. Notice can close a premises for up to 48 hours out of court but cannot stop owner or those who habitually live there accessing the premises. Order can close premises for up to 6 months and can restrict all access.

Community Trigger

Gives victims and communities the right to request a review of their case and bring agencies together to take a joined up problem solving approach to find a solution.

Community Remedy

Gives victims a say in the out-of-court punishment of perpetrators for low-level crime and anti-social behaviour.

The Act places a duty on the police and Crime Commissioner to consult with members of the public and community representatives on what punitive, reparative or rehabilitative actions they would consider appropriate to be on the Community Remedy document.

Share this page

Share on Facebook Share on Twitter Share by email

Print

Print this page