Anti-social Behaviour Act 2003

Last updated

Anti-Social Behaviour Act 2003
Royal Coat of Arms of the United Kingdom (Variant 1, 2022).svg
Long title An Act to make provision in connection with anti-social behaviour.
Citation 2003 c. 38
Introduced by David Blunkett (Commons)
Baroness Scotland QC (Lords)
Territorial extent  Flag of England.svg Flag of Wales (1959-present).svg England and Wales
Dates
Royal assent 20 November 2003
Other legislation
Amended by2006, 2008, 2015
Relates to Local Government Act 1972, Housing Act 1995, Noise Act 1996, Housing Act 1996, Crime and Disorder Act 1998, Powers of Criminal Courts (Sentencing) Act 2000, Police Reform Act 2002, Criminal Justice and Immigration Act 2008, Anti-social Behaviour, Crime and Policing Act 2014
Status: Partially repealed
Text of statute as originally enacted
Revised text of statute as amended

The Anti-Social Behaviour Act 2003 (c.38) is an Act of the Parliament of the United Kingdom which almost entirely applies only to England and Wales. The Act, championed by then Home Secretary, David Blunkett, was passed in 2003. As well as strengthening the anti-social behaviour order and Fixed Penalty Notice provisions, and banning spray paint sales to people under the age of 16, it gives local councils the power to order the removal of graffiti from private property.

Contents

It also specifically addressed truancy, drug houses, [1] false reports of emergency, fireworks, public drunkenness and gang activity.

Class A drug, supply, distribution or production premises closure orders

Until October 2014, Part I of the Act ("Premises where drugs used unlawfully") enabled the police to close residential premises concerned in the use, production or supply of Class A drugs and which were associated with serious nuisance or disorder to members of the public in the preceding three months. [2] [3] After such a notice had been served, within 48 hours a magistrates' court had to consider the application, and could make a closure order under Section 2, known as a "Class A drug, supply, distribution or production premises closure Order". The effect of such an order was that no-one could lawfully enter the premises whilst the order was in place, and it became a criminal offence to do so.

Antisocial behaviour closure orders

Between December 2008 [4] and October 2014, Part 1A of the Act ("Premises associated with persistent disorder or nuisance") created the Part 1A closure order or antisocial behaviour closure order. [5] [6] Sections 11A-11L of the 2003 Act permitted the police or local authority to apply to magistrates to close premises where they were satisfied that within the preceding three months [7] the premises had been associated with "significant and persistent disorder or persistent serious nuisance to members of the public." [8] The order could be made in respect of business or residential premises. [9] Similar to the Part 1 Order (Crack house closure order), it became an offence to remain in or re-enter the premises for the duration of the order. [10]

Parts 1 and 1A were repealed on 20 October 2014 by Anti-social Behaviour, Crime and Policing Act 2014 Sch.11(1) para 41(a).

Antisocial behaviour injunctions (ASBIs)

Part II ("Housing") amended housing legislation to require social housing organisations to adopt and publish policies on anti-social behaviour. It also strengthened the power of registered social landlords (RSLs) to take action against tenants who cause nuisance or annoyance to neighbours. One power was that secure tenancies could be 'demoted' by order of the County Court, which in theory at least, made eviction easier. [11] A further important provision provided a mechanism for RSLs to apply for injunctions against people causing nuisance and annoyance to people in the neighbourhood of their housing stock. Section 13 of the 2003 Act amended Part V of the Housing Act 1996 ('Conduct of Tenants'), by repealing Sections 152 and 153, and inserting new Sections 153A - 153E. Where a person was invited into residential premises by the occupier, in breach of an s.153A injunction, they committed an offence. [12]

Section 153A of the Housing Act 1996 was repealed in March 2015. [13]

Parenting orders

Part III ("Parental responsibilities") amends 'parenting orders', which were introduced by the Crime and Disorder Act 1998. These are intended to specify steps parents must take to control their children. It also introduces 'parenting contracts', which are mainly intended to cover child truancy.

Dispersal zones

Between January 2004 and October 2014, Part IV ("Dispersal of groups etc.") gave the police powers to disperse groups of two or more persons in any public place if their presence "has resulted, or is likely to result, in any members of the public being intimidated, harassed, alarmed or distressed". There was also a power for a police officer (or PCSO) to accompany any unaccompanied person of under 16 to their home between the hours of 9 pm and 6 am. Section 30 did not apply to lawful pickets, [14] although the human rights implications had been considered by the courts on a number of occasions. [15] The power for police to remove a child under s30 was permissive, not coercive. [16]

Part IV was repealed in October 2014 by Anti-Social Behaviour, Crime and Policing Act 2014 Sch.11(1) para 41(c).

Firearms

Part V ("Firearms") amends the Firearms Act 1968 to make possession of an airgun or an imitation weapon in public an offence. The sale of imitation firearms was further limited by section 36 of the Violent Crime Reduction Act 2006 (VCRA) which made sale of realistic imitation firearms (RIF's) an offence. Various groups of people who legitimately use RIF's, for work or pleasure, can provide a seller with a defence against prosecution as provided for in section 37 of the VCRA. These groups are set out in regulations made by the Secretary of State, and can be changed at any time.

The environment

Part VI ("The Environment") contains a selection of miscellaneous provisions. It gives councils power to serve a closure order on premises causing public nuisance by noise. [17] Councils also now have the power to serve a graffiti removal notice on the person in control (usually the owner) of any surface that is street furniture (street furniture is, usually a telephone box, letterbox, bus stop) where graffiti has been applied, this legislation does not apply to private property. There is a right of appeal to the magistrates court over such a notice, and one ground for appeal is that 'the defacement is neither detrimental to the amenity of the area nor offensive'. It makes the sale of aerosol paint to any person under 16 illegal.

Raves and travellers

Part VII ("Public Order and Trespass") amends the Criminal Justice and Public Order Act 1994 in two main ways. First, the definition of a 'rave' is amended so that only 20 people, rather than 100 must be present. Second the powers of police to move unauthorised travellers' sites are strengthened. This Part also amends the provisions of the Public Order Act 1986 concerning public assemblies. The earlier Act gave the police power to intervene if a public assembly of 20 or more people appeared likely to cause 'serious public disorder, serious damage to property or serious disruption to the life of the community'. This Act reduces the number to two.

High hedges

Part VIII ("High Hedges") is in response to concerns about hedges, typically of Leyland Cypress plants, which can grow to 6 metres or more in height, sometimes cutting out light for neighbours. Such hedges are not controlled by town planning legislation (which normally limits the height of fences to 2 metres), and so there was formerly no way of preventing people from allowing such a hedge to grow. This part of the Act gives local authorities the power to investigate complaints made by people affected by such hedges, and, if necessary, to require their reduction. Councils can charge a fee for dealing with such complaints. Soon after implementation, some councils were charging no fee, while the highest in the country[ citation needed ] was Sevenoaks, which charged £650. [18]

Miscellaneous

Designated Public Place, Camden, London Streetdrinking24102008148.jpg
Designated Public Place, Camden, London

Part IX ("Miscellaneous") makes some changes to the mechanisms for serving and enforcing anti-social behaviour orders. Section 89 extended the powers of Police Community Support Officers (PCSOs). The key changes are that PCSOs have the power to stop a cyclist, and accredited support officers or rail community officers can issue FPNs in respect of a number of offences: [19] [20]

Extent

See also

Related Research Articles

Breach of the peace or disturbing the peace, is a legal term used in constitutional law in English-speaking countries and in a public order sense in the several jurisdictions of the United Kingdom. It is a form of disorderly conduct.

A Police Community Support Officer, or as written in legislation Community Support Officer, is a uniformed member of police staff in England and Wales, a role created by Section 38(2) of the Police Reform Act 2002, which was given Royal Assent by Queen Elizabeth II on 24 July 2002. They are not warranted, but hold a variety of police powers and the power of a constable in various instances by the forty-three territorial police forces in England and Wales and the British Transport Police.

An anti-social behaviour order is a civil order made in the United Kingdom against a person who had been shown, on the balance of evidence, to have engaged in anti-social behaviour. The orders were introduced by Prime Minister Tony Blair in 1998, and continued in use until abolished in England and Wales by the Anti-Social Behaviour, Crime and Policing Act 2014 on 20 October 2014—although they continue to be used in Scotland and Northern Ireland. ASBOs were replaced in England and Wales by the civil injunctions and criminal behaviour orders. They were designed to address behaviours like intimidation, drunkenness, and violence by individuals and families, using civil orders rather than criminal sanctions. The orders restricted behaviour in some way, such as: prohibiting a return to a certain area or shop; or restricting public behaviours, such as swearing or drinking alcohol. Many saw the ASBOs as connected with young delinquents.

In English criminal law, public nuisance is a act, condition or thing that is illegal because it interferes with the rights of the general public.

<span class="mw-page-title-main">Police and Criminal Evidence Act 1984</span> United Kingdom legislation

The Police and Criminal Evidence Act 1984 (PACE) is an Act of Parliament which instituted a legislative framework for the powers of police officers in England and Wales to combat crime, and provided codes of practice for the exercise of those powers. Part VI of PACE required the Home Secretary to issue Codes of Practice governing police powers. The aim of PACE is to establish a balance between the powers of the police in England and Wales and the rights and freedoms of the public. Equivalent provision is made for Northern Ireland by the Police and Criminal Evidence Order 1989 (SI 1989/1341). The equivalent in Scots Law is the Criminal Procedure (Scotland) Act 1995.

In the United Kingdom, a fixed penalty notice (FPN) is a notice giving an individual the opportunity to be made immune from prosecution for an alleged criminal offence in exchange for a fee. Fixed penalty notices were introduced in Britain in the 1980s to deal with minor parking offences. Originally used by police and traffic wardens, their use has extended to other public officials and authorities, as has the range of offences for which they can be used.

<span class="mw-page-title-main">Public Order Act 1986</span> United Kingdom legislation

The Public Order Act 1986 is an Act of the Parliament of the United Kingdom that creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936. It implements recommendations of the Law Commission.

<span class="mw-page-title-main">Drug house</span> Building used for illegal drug activity

A drug house is a residence used in the illegal drug trade. Drug houses shelter drug users and provide a place for drug dealers to supply them. Drug houses can also be used as laboratories to synthesize (cook) drugs, or cache ingredients and product.

The power of arrest is a mandate given by a central authority that allows an individual to remove a criminal's liberty. The power of arrest can also be used to protect a person, or persons from harm or to protect damage to property. However, in many countries, a person also has powers of arrest under citizen's arrest or any person arrest / breach of the peace arrest powers.

<span class="mw-page-title-main">Crime and Disorder Act 1998</span> United Kingdom legislation

The Crime and Disorder Act 1998 is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received royal assent in July 1998. Its key areas were the introduction of Anti-Social Behaviour Orders, Sex Offender Orders, Parenting Orders, granting local authorities more responsibilities with regards to strategies for reducing crime and disorder, and the introduction of law specific to 'racially aggravated' offences. The Act also abolished rebuttable presumption that a child is doli incapax and formally abolished the death penalty for the last civilian offences carrying it, namely treason and piracy.

<span class="mw-page-title-main">Criminal Law Act 1977</span> United Kingdom legislation

The Criminal Law Act 1977 is an act of the Parliament of the United Kingdom. Most of it only applies to England and Wales. It creates the offence of conspiracy in English law. It also created offences concerned with criminal trespass in premises, made changes to sentencing, and created an offence of falsely reporting the existence of a bomb.

<span class="mw-page-title-main">Violent Crime Reduction Act 2006</span> United Kingdom legislation

The Violent Crime Reduction Act 2006 is an Act of the Parliament of the United Kingdom.

<span class="mw-page-title-main">Criminal Justice and Immigration Act 2008</span> United Kingdom legislation

The Criminal Justice and Immigration Act 2008 is an Act of the Parliament of the United Kingdom which makes significant changes in many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland. In particular, it changes the law relating to custodial sentences and the early release of prisoners to reduce prison overcrowding, which reached crisis levels in 2008. It also reduces the right of prison officers to take industrial action, and changed the law on the deportation of foreign criminals. It received royal assent on 8 May 2008, but most of its provisions came into force on various later dates. Many sections came into force on 14 July 2008.

<span class="mw-page-title-main">Protection from Harassment Act 1997</span> Law of the United Kingdom

The Protection from Harassment Act 1997 is an Act of the Parliament of the United Kingdom. On introducing the Bill's second reading in the House of Lords, the Lord Chancellor, Lord Mackay of Clashfern, said, "The aim of this Bill is to protect the victims of harassment. It will protect all such victims whatever the source of the harassment—so-called stalking behaviour, racial harassment, or anti-social behaviour by neighbours." Home Office guidance on the Act says "The legislation was always intended to tackle stalking, but the offences were drafted to tackle any form of persistent conduct which causes another person alarm or distress."

<span class="mw-page-title-main">Community safety accreditation scheme</span>

Community safety accreditation schemes enable the chief constable of a police force in the United Kingdom to grant a limited range of police powers to employees of non-police organisations bolstering community safety. Community safety accreditation schemes were created under section 40 of the Police Reform Act 2002. Individuals who have been granted these powers are known under the Act as accredited persons.

<span class="mw-page-title-main">Policing and Crime Act 2009</span> United Kingdom legislation

The Policing and Crime Act 2009 is an act of the Parliament of the United Kingdom. The Act makes provision about police reform, prostitution, sex offenders, sex establishments and certain other premises. It amends the law on aviation security, misuse, proceeds of crime, extradition and gang related violence.

The powers of the police in England and Wales are defined largely by statute law, with the main sources of power being the Police and Criminal Evidence Act 1984 and the Police Act 1996. This article covers the powers of police officers of territorial police forces only, but a police officer in one of the UK's special police forces can utilise extended jurisdiction powers outside of their normal jurisdiction in certain defined situations as set out in statute. In law, police powers are given to constables. All police officers in England and Wales are "constables" in law whatever their rank. Certain police powers are also available to a limited extent to police community support officers and other non warranted positions such as police civilian investigators or designated detention officers employed by some police forces even though they are not constables.

<span class="mw-page-title-main">Anti-Social Behaviour, Crime and Policing Act 2014</span> United Kingdom legislation

The Anti-Social Behaviour, Crime and Policing Act 2014 is an Act of the Parliament of the United Kingdom which consolidated and expanded law enforcement powers in addressing anti-social behaviour. One significant aspect of the act is that it replaced anti-social behaviour orders, the primary civil order in the United Kingdom since 1998, with criminal behaviour orders.

<span class="mw-page-title-main">Public spaces protection order</span> Orders which ban specific acts in a designated geographical area in England and Wales

Public spaces protection orders (PSPOs) are orders under the Anti-Social Behaviour, Crime and Policing Act 2014 which ban specific acts in a designated geographical area in England and Wales as set out in the act. They replace the earlier designated public place orders, gating orders and dog control orders.

There are a number of sexual offences under the law of England and Wales.

References

  1. Anti-Social Behaviour Act 2003 Parts 1 and 1A
  2. Anti-Social Behaviour Act 2003, s.2(3)(b)
  3. Cumbria Constabulary v Wright (2006) EWHC 3574 (Admin); [2007] 1 WLR 1407
  4. Inserted by Section 118 of the Criminal Justice and Immigration Act 2008
  5. Mack, Jon (2008), "Anti-social behaviour: Part 1A closure orders", Journal of Housing Law , 11 (4): 71–74, archived from the original on 27 September 2011, retrieved 23 December 2008
  6. Mack, Jon (2008), "Anti-social behaviour closure orders, injunctions, and possession: refining the law", Landlord & Tenant Review , 12 (5): 169–171
  7. Anti-Social Behaviour Act 2003, s.11(b)(5)
  8. Anti-Social Behaviour Act 2003, s.11A(1)(b)
  9. Mack, Jon (2009), "Anti-social Behaviour Act 2003: Part 1A closure order", Criminal Law & Justice Weekly , 173: 116–117
  10. Anti-Social Behaviour Act 2003, s.11D
  11. Bates, Justin (2008), "The Disability Discrimination Act 1995 and Possession Orders", Journal of Housing Law, 11 (4): 74, archived from the original on 27 September 2011, retrieved 23 December 2008
  12. Lee v Accent Foundation Ltd [2007] EWCA Civ 665; [2008] HLR 3
  13. Anti-social Behaviour, Crime and Policing Act 2014 Sch.11(1) para 22
  14. Ashworth, Andrew (2007), "Public Order: Anti-social Behaviour Act 2003 s 30", Criminal Law Review: 243–246
  15. Sierny v DPP [2006] EWHC 716 (Admin); (2006) 170 JP 697
  16. R (ex parte W) v Commissioner of the Police of the Metropolis [2006] EWCA Civ 458; [2006] 3 All ER 458
  17. Parpworth, Neil (2004), "The Anti-social Behaviour Act 2003: the provisions relating to noise", Journal of Planning & Environment Law: 541–559
  18. Sevenoaks District Council (2008), High Hedges, archived from the original on 13 January 2006, retrieved 19 January 2008
  19. Police Reform Act 2002 Schedule 5, Para 1(2)(aa)
  20. The Local Authorities (Alcohol Consumption In Designated Public Places) Regulations 2007
  21. Criminal Law Act 1967, s.5(2)
  22. Criminal Justice and Police Act 2001, s.13

Bibliography