Lesson 3.2 - Antisocial Behaviour Etc. (Scotland) Act 2004 Flashcards
What is the minimum age at which a person may be subject to an ASBO?
12 years old
Who can apply for an ASBO?
Local Authorities and Registered Social Landlords, in consultation with the Police can apply to the sheriff court for an interim or full ASBO
Prior to submitting an application, in relation to a person under 16, what must the applicant do?
Consult the Principal Reporter
What are examples of places an ASBO may be used?
- Neighbour problems
- In and around retail premises or in parks or transport hubs
What are the penalties in relation to a specified person breaching an ASBO?
- Up to 6 months imprisonment
- or a fine not exceeding the statutory maximum
- or both
- or an indictment
- up to 5 years imprisonment and an unlimited fine
- or both
What types of behaviour may be classed as antisocial?
- Abandoned Vehicles
- Animal related problems
- Hoax calls
- Drugs/Substance misuse
- Drug dealing
- Fly tipping
- Graffiti
- Nuisance neighbours
- Harassment/Intimidation
- Joyriding
- Litter/Rubbish
- Noise/Air pollution
- Public disorder
- Street drinking/begging
- Vandalism
How long may a dispersal area last?
It shall not exceed 3 months and may be fore specified days or even specific times
Where there are 2 or more people in a dispersal area causing or is likely to cause alarm or distress to any members of the public, what are the Police Powers?
- Require the group to disperse
- Direct persons who do not reside in the designated area to leave the designated area
- Direct any of those persons not to return for a period of time (not exceeding 24 hours)
- A person commits an offence if they, without reasonable excuse, knowingly contravene a direction to them
What are the exemptions in regards to a dispersal area?
- Those who are engaged in conduct which is lawful (e.g. Trade Union disputes)
- Who are taking part in a procession in respect of which proper written notice has been given and agreed to by the Local Authority
What additional powers do the Police have in contravention with the act?
To close premises in which persons engage in antisocial behaviour. The Police are required to consult with the Local Authority to consider likely effect of closure and, in particular, the issue of vulnerability of the offending resident(s)
What does a closure notice prohibit?
Access to premises by any person other than
- A person who habitually resides in the premises, or
- The owner of the premises
How is are closure notices served?
A closure notice shall be served by a Constable by fixing a copy of the notice to:
- At least one prominent place of the premises
- Each normal means of access to the premises
- Any outbuildings used with or as part of the premises and providing a copy of the notice to any person, who lives on, has control of, or responsibility for the premises
What is the purpose of a closure order?
To authorise the closure of the premises specified to all for a period not exceeding 3 months - This can be extended to 6 months on application to a sheriff by a senior police officer
What may a Constable or and Authorised Person do in relation to a Closure order?
- Anything necessary to secure closed premises against entry by any person
- Carry out essential maintenance or repairs to closed premises
- Enter premises for the above purposes; and may use reasonable force in order to effect the above
Who is an Authorised Person in relation to Closure Orders?
A person authorised in writing by the Chief Constable for that area and must, if required, show their identification and authority before utilising the above powers
