Anti- Social Behaviour (CBO's& Injunctions) Flashcards
Antisocial Behaviour, Crime & Policing Act 2014
A) Conduct that has caused, or is likely to cause, harassment, alarm or distress to any person
B) Conduct capable of causing nuisance or annoyance to a person in relation to that person’s occupation of residential premises or
C) Conduct capable of causing housing related nuisance or annoyance to any person
What is anti-social behaviour?
-Littering
- Vehicle problems
-Drugs & Substance misuse
-Pets and Animals
- Misuse of communal areas
- Harassment & Hate Crime
- Domestic Abuse
-Noise Nuisance
- Neighbour Disputes
- Vandalism
Risk Factors associated with ASB?
- Individual (Race/gender/behaviour/impusiveness/low intelligence)
- Family (criminal family/disruptive home/home placement/poor family management/maltreatment/abuse/multiple siblings)
- Peer (gangs/peer rejection/ antisocial or peer delinquent association)
- School (poor academic performace/poor school attendance/low school bonding)
- Community (Community disadvantage/safety/violence)
What is a Criminal Behaviour Order, CBO?
may only be given to an offender when (s)he has been sentenced for an offence or given a conditional discharge (section 22(6))
aimed at serious and persistent offenders
replaces ASBO on conviction
What is an Civil injunction?
Anti Social Behaviour and Policing Act 2014
Civil Injunction
Court may grant:
Age: 10 +
Balance of probabilities that offender has engaged or threatened to cause ASB
Just and convenient
Prevent from engaging in - specified or injunction.
Must be practicable
Specific time periods
Specify prohibitions
Injunction time periods- under 18 - 12 months, over 2 years minimum.
Section 4 POA - threat of violence, significant risk of harm. Period over.
Breach -County court up to 2 years, detention 4 months under 18
Anti Social Behaviour Crime and Policing Act 2014
Criminal Behaviour Orders
CBO’s
Only for an offence that has been committed or given condition charge.
S22 two parties
Over 10
Engaged in behaviour likely or caused H/A/D - beyond all reasonable doubt.
Prevent from engaging in further behaviour.
Under 18 - Youth offenders noted, one to three years.
Over - 2 years and no top end.
Penalties: Summary - 6 months or indictment 5 years. Under 18 - 2 years detention and training order.
Can be public
Antisocial Behaviour Crime and Policing Act 2014
Dispersal Orders
Dispersal Orders
Direct people to leave location.
48 Hours
Inspector Authorise
Under 16 - taken to place of safety
Criminal - level 4 fine, 3 months imprisonment.
Antisocial Behaviour Crime and Policing Act 2014
Closure of premises with nuisance and disorder.
S30 Anti Social Behaviour 2003
Close order - 48 hours, up to three months. (council or police)
Community protection notice (CPN) - Persistent or continuing conduct which negatively affects a community’s quality of life (council or police)
- Persistent and continuing, is unreasonable.
What is S1 of the anti-social behaviour, crime and policing act 2014
Power to grant injunctions
How many conditions have to be met in order to grant an ASB injunction?
Two
What two conditions must be met to grant an ASB injunction?
1) court is satisfied the respondent has engaged/threatened to engage in ASB
2) court considers it just and convenient to grant the injunction for the purpose of preventing respondent behaviour in ASB
What is an injunction?
Requires or prohibits an individual from doing a certain thing with the aim to stop ASB and crime involvement
What is the maximum term of an ASB injunction if under the age of 18?
12 Months
What is S4 of the anti social behaviour, crime and policing act 2014
Powers of arrest attached to an injunction
What is S9 Of the anti social behaviour, crime and policing act 2014
Powers of arrest of an injunction without a warrant
