Cornerstone on Anti-social Behaviour

Description

DELETE Preface Abbreviations and acronyms Table of Statutes Table of Statutory Instruments Table of Cases 1 Introduction A The Act: a snapshot B The contents of the second edition The Guidance C Background: Dow and Pilkington D The consultation and passage through Parliament The consultation Passage through Parliament E Ending the arms race F Conclusion 2 The human rights implications, the Equality Act 2010 and disability, and hate crime A Introduction B The human rights implications The Human Rights Act 1998 (HRA 1998) The quality of decision-making Articles 8, 10 and 11 of the ECHR In accordance with or prescribed by law Legitimate aims Necessary in a democratic society C The Equality Act 2010 and disability Introduction Disability as a protected characteristic What is disability? Prohibited Conduct under Chapter 2 of the Equality Act 2010 Direct discrimination Indirect discrimination Disability discrimination Reasonable adjustments Harassment Victimisation Public sector equality duty D Hate crime E Conclusion 3 The civil injunction to prevent anti-social behaviour A The history B The powers which have been replaced C When can a civil injunction be obtained? D What is anti-social behaviour? Harassment, alarm or distress Nuisance or annoyance Housing-related Just and convenient E When does the anti-social behaviour need to have occurred? F Who can apply? G Against whom? H Vulnerable respondents Respondents who lack capacity to conduct litigation Ability to understand and comply with the terms of an injunction Protected characteristics and the Equality Act 2010 Respondents in need of community care services I The terms of an injunction – general considerations J Positive requirements – specific considerations K Prohibitions and positive requirements – relevance of existing case law L Power of arrest Practical considerations M Exclusion from the home N Without notice applications and interim orders O Consultation The need for consultation – the relevance of history Consultation or informing in practice Without notice applications P Where to apply Adults Youths Multiple respondents where there is a combination of adults and youths Q How to apply County court Forms Draft orders Evidence Service Youth court R Variation and discharge S Publicity Adults Youths T After an injunction is made The penal notice Service U What to do if in an injunction is breached Who decides whether to pursue a breach and in what circumstances? V Contempt of court Beginning the proceedings Arrest and remand Legal aid and representation Proving the breach(es) Disclosure Sentencing Youths Costs Publicity Committal and other proceedings X Youths – checklist Y Existing ASBOs, ASBIs etc Z Conclusion 4 Criminal behaviour orders A Introduction: the powers which have been replaced B When can a CBO be sought? The test C What is harassment, alarm or distress? D Who can apply? E How to apply Criminal Procedure Rules Part 31 Evidence F Adjournments and absent defendants G The terms of a CBO: prohibitions and positive requirements H Duration Adults Youths I Interim orders J Consultation K Variation and discharge L Publicity Adults Youths General considerations M Breach N Review requirements Who carries out the review? Matters to be considered in a review O Youths – checklist P Existing orders Q Conclusion 5 Dispersal powers for the police A Introduction: the powers which have been replaced B What is the dispersal power? C Who can use the power? D Authorisation before the power can be used When can an authorisation be given? What must be included in an authorisation? Human rights Protecting the vulnerable Transparency and scrutiny E When can the power be used? The test to be met What must be included in a direction to disperse? Meaning of public place Specifying the area Variation or withdrawal F Restrictions on giving a direction G Surrender of property H Youths I Record keeping J Offences Section 35 direction to leave Section 37 direction to surrender property Reasonable excuse Prosecutions K Appeals and challenging a direction L Existing authorisations and directions M Conclusion 6 Community protection notices A Introduction: the powers which have been replaced B What is a CPN? C Who can issue a CPN or a FPN? Authorised persons Meaning of the ‘relevant local authority’ Who can be designated by the relevant local authority? Who can be designated by the police? D When can a CPN be issued? The need for a written warning Informing any appropriate individual or body about the intention to issue a CPN E The test to be met for issuing a CPN To whom? F Serving a CPN Three options for service Where to leave or post? Conduct on or affecting premises What if the owner or occupier cannot be ascertained? Power to enter G Contents of a CPN Requirements H Appealing a CPN I Failure to comply with a CPN Remedial action by a local authority Criminal offence Reasonable excuse for a failure to comply with a CPN Penalties on conviction – fine Penalty on conviction – remedial orders Forfeiture of items used in the commission of an offence Powers of seizure of items used in the commission of an offence J Fixed penalty notices K Overlap with statutory nuisance L Existing notices M Conclusion 7 Public spaces protection orders A Introduction: the powers which have been replaced B What is a public spaces protection order? C Who can make a public spaces protection order? Designated person or body D When can a public spaces protection order be issued? E Meaning of ‘detrimental effect’ F Meaning of ‘locality’ G Meaning of ‘persistent or continuing’ H Article 10 (freedom of expression) and Article 11 (freedom of association/assembly) of the European Convention on Human Rights I Public sector equality duty J The necessary consultation K The necessary notification L The necessary publicity M Contents of a PSPO Required content Duration and extension Prohibitions and requirements N Variation and discharge Discharge Variation O Alcohol Failure to show evidence of authorisation P Land requiring special consideration Q Restrictions on public rights of way Notification and considering representations Dwellings Businesses and recreational activities Power to install, operate and maintain barriers Categories of highway over which a public right of way may not be restricted R Challenges to PSPOs The basis of a challenge Where and by when? Interested persons S Breach and fixed penalty notices FPNs Contents of a FPN Amount due T Powers of Police Community Support Officers U Existing orders V Conclusion 8 Closure orders A Introduction: the powers which have been replaced B When can a closure order be obtained? C Which types of premises can be closed using a closure order? D Who can issue a closure notice and apply for a closure order? Meaning of local authority E Consultation and informing The requirement to consult The requirement to inform F The closure notice When can a closure notice be issued? What is the effect of a closure notice? How long does a closure notice last? Cancellation or variation of a notice Authorisations and delegations for serving a closure notice G Contents of a closure notice H Service of a notice Who should serve the notice? The method of service for a notice Forcing entry to serve the notice I The closure order Applying to the magistrates’ court The test to be met in the magistrates’ court Meaning of serious nuisance, disorder or offensive behaviour ‘Necessary to prevent …’ Meaning of premises The effect of a closure order and access to the premises Temporary orders Defended applications and adjournments No power to vary Vulnerable respondents J After the closure order has been made Entry after the closure order has been made Extending a closure order Where the closure order prohibits or restricts access to other premises Notifying the licensing authority Discharge K Appeals What can be appealed? Who can appeal? L Other issues Exemption from liability Reimbursement of costs incurred by the police or local authority for the purpose of clearing, securing or maintaining the premises Legal costs Compensation M Breach N Existing closure orders O Conclusion 9 New powers of possession A Introduction B What other grounds are available? C Which landlords can rely upon the mandatory grounds? D The mandatory grounds Condition 1: serious offence Condition 2: breach of civil injunction Condition 3: breach of a criminal behaviour order Condition 4: the making of a closure order Condition 5: breach of noise abatement notice or order E Procedure: the notice in secure tenancies Form Basic requirements Reasons Time limit for requesting a review Condition-specific requirements Legal advice Earliest date for proceedings Additional grounds under HA 1985, Sch 2 Service of notice Time limits for service of notice Notice expiry F Procedure: the notice in assured tenancies Form and particulars The required information Time limits for service of notice G Statutory review for secure tenancies Request for review Timing of the review Communications and service Oral hearing Written representations Considerations on review Decision and reasons Defective review H Procedure: the claim for possession I Defences Public law defences Proportionality defences J The procedure and the court’s powers at the hearing K Landlord anti-social behaviour L Riot M Case study N Conclusion 10 Anti-social behaviour case reviews A Introduction B The Community Trigger trials C The meaning of anti-social behaviour for the purposes of an ASB case review D Who does the ASB case review affect? E The review threshold Qualifying complaints F Who can seek an ASB case review? G Formulating policy H Co-operation and information sharing I Conclusion Appendices A Statutes Anti-social Behaviour, Crime and Policing Act 2014 (ss 1–105, Sch 4) Housing Act 1980 (s 89) Housing Act 1985 (ss83ZA, 84A, 85ZA, Sch 2 (Grounds 1, 2 and 2ZA), Sch 2A Housing Act 1988 (s 8, Sch 2 (Grounds 7A, 12, 14, 14ZA)) Equality Act 2010 (ss 4, 6, 13, 15, 19, 20, 33, 35, 149, 150) Children and Young Persons Act 1933 (ss 39, 49) B Regulations Absolute Ground for Possession for Anti-social Behaviour (Review Procedure) (England) Regulations 2014 (SI 2014/2554) Secure Tenancies (Absolute Ground for Possession for Anti-social Behaviour) (Review Procedure) (Wales) Regulations 2014 (SI 2014/3278) Anti-social Behaviour, Crime and Policing Act 2014 (Publication of Public Spaces Protection Orders) Regulations 2014 (SI 2014/2591) Magistrates’ Courts (Injunctions: Anti-Social Behaviour) Rules 2015 (SI 2015/423) Anti-social Behaviour (Authorised Persons) Order 2015 (SI 2015/749) C Guidance Anti-social Behaviour, Crime and Policing Act 2014: Anti-social behaviour powers: Statutory guidance for frontline professionals (Updated December 2017) Public Spaces Protection Orders: Guidance for Councils D Precedents (1) Injunction forms – county court (a) Draft application for a civil injunction, Form N16A (b) Draft injunction order, Form N16(1) (2) Injunction forms – youth court (a) Summons (b) Application for injunction (c) Draft injunction order (3) General form of undertaking in the county court (Form N117) (4) Notice of intention to rely on hearsay evidence (5) Notices of seeking possession on mandatory grounds and other grounds (a) Secure tenancies (b) Assured tenancies (6) Pro-forma application for a review of the decision to rely on mandatory grounds (7) Closure of premises (a) Application for closure order (b) Closure notice (c) Closure order (8) Community protection notices (a) Warning letter (b) Community protection notice E Sample prohibitions Introductory sentences Anti-social behaviour – general prohibition Assault & intimidation Begging Burglary Clothing Communications Contact Curfew Drink Exclusion zones Fly tipping Graffitti and criminal damage Groups Local authority and housing Motor vehicles Noise Non-association Prostitution Street drinking Transport Theft and deception Trespass Vehicle repair Victim and witness intimidation Weapons Miscellaneous Index