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Questions and Answers
What is the maximum imprisonment penalty for adults found guilty of breaching an ASBO on summary conviction?
What is the maximum imprisonment penalty for adults found guilty of breaching an ASBO on summary conviction?
- 2 years
- 6 months (correct)
- 1 year
- 5 years
Who is responsible for reporting any breach of an Antisocial Behaviour Order?
Who is responsible for reporting any breach of an Antisocial Behaviour Order?
- Procurator Fiscal
- Police (correct)
- Local Council
- Children’s Panel
What happens when an individual who breaches an ASBO commits another separate criminal offence?
What happens when an individual who breaches an ASBO commits another separate criminal offence?
- Both offences are prosecuted independently.
- The breach is taken into account as an aggravating factor. (correct)
- The breach is ignored in the sentencing.
- The breach results in a more severe sentence automatically.
What is the potential fine for adults convicted of breaching an ASBO?
What is the potential fine for adults convicted of breaching an ASBO?
For individuals aged 12 to 15 years who breach an ASBO, what is the procedural requirement?
For individuals aged 12 to 15 years who breach an ASBO, what is the procedural requirement?
Which act allows police to use their powers of arrest for breaching an ASBO?
Which act allows police to use their powers of arrest for breaching an ASBO?
What is required before a Senior Police Officer can authorize a Closure Notice?
What is required before a Senior Police Officer can authorize a Closure Notice?
What must a Senior Police Officer confirm if they authorize a Closure Notice orally?
What must a Senior Police Officer confirm if they authorize a Closure Notice orally?
In what time frame must antisocial behavior have occurred for a Closure Notice to be authorized?
In what time frame must antisocial behavior have occurred for a Closure Notice to be authorized?
Where must a Closure Notice be served according to the procedure?
Where must a Closure Notice be served according to the procedure?
What is one of the conditions that must be met to serve a Closure Notice?
What is one of the conditions that must be met to serve a Closure Notice?
What is the maximum number of non-resident individuals allowed in the occupant's house according to the ASBO?
What is the maximum number of non-resident individuals allowed in the occupant's house according to the ASBO?
Upon receiving the report of a disturbance at the 17-year-old's house, what did the arriving officer observe?
Upon receiving the report of a disturbance at the 17-year-old's house, what did the arriving officer observe?
Who is responsible for serving the Closure Notice?
Who is responsible for serving the Closure Notice?
Under what circumstance can a Senior Police Officer authorize a Closure Notice?
Under what circumstance can a Senior Police Officer authorize a Closure Notice?
What is the primary reason for the designation of the area adjacent to Castle Wynd as a Dispersal Area?
What is the primary reason for the designation of the area adjacent to Castle Wynd as a Dispersal Area?
What action would be appropriate for the officer to take upon finding 4 youths 'minding their own business' in the designated Dispersal Area?
What action would be appropriate for the officer to take upon finding 4 youths 'minding their own business' in the designated Dispersal Area?
Which of the following is NOT part of the process of serving a Closure Notice?
Which of the following is NOT part of the process of serving a Closure Notice?
What could be a consequence if the 17-year-old occupant continues to violate the ASBO?
What could be a consequence if the 17-year-old occupant continues to violate the ASBO?
What does the term ASBO stand for in this scenario?
What does the term ASBO stand for in this scenario?
How many complaints motivated the local authority to designate the area near Castle Wynd as a Dispersal Area?
How many complaints motivated the local authority to designate the area near Castle Wynd as a Dispersal Area?
What is the role of the Superintendent in the context of designating a Dispersal Area?
What is the role of the Superintendent in the context of designating a Dispersal Area?
What is necessary before the police can take action to close premises due to antisocial behaviour?
What is necessary before the police can take action to close premises due to antisocial behaviour?
Who can authorize the service of a Closure Notice?
Who can authorize the service of a Closure Notice?
What duration must antisocial behaviour have occurred for before a Closure Notice can be issued?
What duration must antisocial behaviour have occurred for before a Closure Notice can be issued?
What must happen if a Closure Notice is authorized orally?
What must happen if a Closure Notice is authorized orally?
Who is prohibited from accessing the premises under a Closure Notice?
Who is prohibited from accessing the premises under a Closure Notice?
What is one of the key considerations for police when deciding to close premises?
What is one of the key considerations for police when deciding to close premises?
What two conditions must be met for a Closure Notice to be issued?
What two conditions must be met for a Closure Notice to be issued?
What might be the consequence of closing a premises under the Antisocial Behaviour Etc. (Scotland) Act 2004?
What might be the consequence of closing a premises under the Antisocial Behaviour Etc. (Scotland) Act 2004?
What is the maximum duration for which a Closure Order can authorize the closure of premises?
What is the maximum duration for which a Closure Order can authorize the closure of premises?
Which of the following actions is NOT permitted by a Constable or Authorized Person regarding closed premises?
Which of the following actions is NOT permitted by a Constable or Authorized Person regarding closed premises?
What would happen if a person enters or remains on premises in contravention of a closure notice?
What would happen if a person enters or remains on premises in contravention of a closure notice?
Which statement is true regarding the actions of a Constable during a closure?
Which statement is true regarding the actions of a Constable during a closure?
Who must be informed if the access of another person is likely to be impeded by a Closure Notice?
Who must be informed if the access of another person is likely to be impeded by a Closure Notice?
What constitutes an offence under Section 37(2)?
What constitutes an offence under Section 37(2)?
What should a Constable or Authorized Person do to maintain order during a closure?
What should a Constable or Authorized Person do to maintain order during a closure?
What is the primary purpose of a Closure Order?
What is the primary purpose of a Closure Order?
Study Notes
Antisocial Behaviour Etc. (Scotland) Act 2004
- Section 9 creates an offence for breaching an Antisocial Behaviour Order (ASBO).
- Police have exclusive responsibility for reporting ASBO breaches.
- Penalties for adults include up to 6 months imprisonment or a fine on summary conviction, or up to 5 years imprisonment and an unlimited fine on indictment.
- If a separate criminal offence is committed alongside breaching an ASBO, it is considered an aggravating factor rather than a separate offence.
- Breaches involving individuals aged 12 to 15 must be reported to both the Procurator Fiscal and the Reporter to the Children’s Panel.
Powers to Close Premises
- Police can close premises associated with antisocial behaviour to protect community welfare.
- Prior consultation with the Local Authority is required to assess potential impacts of closure.
- Closure Notices can be issued after identifying responsible individuals and consulting local authorities.
- A Senior Police Officer must authorize the Closure Notice based on reasonable grounds of past antisocial behaviours linked to relevant harm.
Closure Notices
- Closure Notices restrict access to designated premises, allowing only residents or owners entry.
- Upon receiving a complaint, police must assess first-hand what occurred and any surrounding circumstances.
- Authorities must provide written confirmation after an oral Closure Notice authorization.
- Notices must be prominently displayed and given to those associated with the premises.
Consequences of Non-compliance
- A Closure Order can last up to 3 months, effectively prohibiting access to specified premises for all individuals.
- A Constable or Authorized Person has the authority to secure closed premises and carry out necessary maintenance.
- Reasonable force may be utilized to enforce closures and maintain order.
- Anyone entering or remaining on the premises in violation of a Closure Notice or Order commits an offence.
- Obstructing an Authorized Person during the enforcement of these orders is also subject to criminal charges.
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Description
Test your knowledge of general police duties with a focus on antisocial behavior in Unit 7 Lesson 3.2. This quiz will cover key concepts and responsibilities of police in managing public safety. Assess your understanding of the topics discussed in this lesson.
