07-03.1 Miscellaneous Antisocial Offences_c5516c0c9f858add140d5bef85d74b75.pdf

OFFICIAL Unit 7 Lesson 3.1...

OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences Learning Aim: The learner will be able to apply procedural considerations in the policing of antisocial behaviour and associated offences Learning Outcomes: On successful completion of the lesson, Introduction students will be able to:- There are a number of anti-social offences which can have an impact on our communities; some of these are considered 1. Explain the offences under the Civic to be minor and irritating, but nevertheless Government (Scotland) Act 1982 in relation affect the quality of people’s lives. to urinating or defecating and obstruction by pedestrians. You will come across many of these offences in your daily duties. In many instances a mere word or warning can be sufficient to make the 2. State the offences in relation to litter and person aware that they are committing an what your police powers are under the offence but there are times when you will Environmental Protection Act, 1990. caution and charge the offender. The Antisocial Behaviour Etc. (Scotland) Act 2004 has allowed for Fixed Penalty Notices to 3. State the offence, in relation to noise, under be issued by police officers and authorised Section 54 of the Civic Government local authority employees for certain crimes (Scotland) Act 1982. and offences to persons aged 16 years and over (and not subject to a compulsory supervision order). 4. List your powers relating to the seizure of vehicles. 5. Explain the requirements in relation to retention and disposal of a seized vehicle. 6. State the relevant offence in relation to The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 and the associated police powers. 1 th Amended 4 April 2024 v.5 OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences Key Information KI Anti-Social behaviour is often a significant concern to the public. These are actions which they can see as causing blight on their area. They want to see positive action from the police to resolve the problem long term. Civic Government (Scotland) Act 1982 1. Urinating or Defecating You may view this as a minor offence but one which is very anti- social. Section 47 of the Act creates an offence for:- any person to urinate or defecate in such circumstances as to cause or be likely to cause annoyance to any other person Note:- this offence can be committed anywhere if the circumstances cause annoyance to others. Where a Constable has reason to believe that a person aged 16 years or over has committed such an offence they may deal with it by means of a Fixed Penalty Notice unless such a person is the subject of a supervision order. Example Charge EC On 23rd October 2020 at Link Street, Brookbank you Scott Sands did urinate in circumstances as to cause, or to be likely to cause, annoyance in contravention to Section 47 Civic Government (Scotland) Act 1982. 2 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences 2. Obstruction by Pedestrians How many times have you seen a crowd of youths outside a shop, causing an obstruction and forcing people to walk on the road to get past them? Section 53 of the Act creates the following two offences in relation to obstruction by pedestrians: It is an offence for any person who, being on foot in any public place to:- 1. obstruct, along with others, the lawful passage of any other person if they fail to desist on being required to do so by a Constable in uniform, or 2. wilfully obstruct the lawful passage of any other person. The first part of this Act requires more than one person to be present and to have been warned by a Constable in uniform. The second part of this offence can be committed by one person provided the obstruction is wilful. You should also be aware that this act covers people who display goods for sale by placing them on or allowing them to overhang a footpath. Exemptions There are exemptions to this section in respect of people who place or hang goods over footpaths, if they have lawful authority e.g. those that have a street traders or market operators’ licence, pedlar’s licence or for sale of newspapers. Health and Safety HS Often these offences are committed by individuals who are under the influence of drink/ drugs. You will require good communication skills but you should also be mindful of officer safety. 3 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences Litter Litter is a common problem, which is the subject of many community complaints and is covered by the Environmental Protection Act, 1990. Section 87(1) of the act provides:- any person who throws down, drops or otherwise deposits in, into or from any place to which this section applies and leaves, anything whatsoever in such circumstances as to cause, or contribute to, or tend to lead to the defacement by litter of any place to which this section applies Shall be guilty of an offence. Section 87(2) of the Act gives the exemptions and states that there is no offence where the depositing of the thing was:- 1. Authorised by law; or 2. It was done with the consent of the owner, occupier or other person having control of the place in or into which the thing was deposited. Section 87(3) of this Act states where the offence may take place and applies to any public open place. The officer does not have to witness someone dropping litter, but can issue a Fixed Penalty Notice if there is evidence to support an offence has been committed. There is a maximum of £200 that can be set as a fixed penalty fine. It also states that where the space is not a public open space then the following also apply:- any relevant highway or relevant road and any trunk road which is a special road. any place on relevant land of a principal litter authority. any place on relevant Crown land. any place on relevant land of any designated statutory undertaker. (Generally speaking these are utilities and 4 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences telecoms companies or nationalised companies such as Network Rail) any place on relevant land of any designated educational institute. any place on relevant land within a litter control area of a local authority. The term Public Open Place means a place in the open air, to which the public are entitled or permitted to have access without payment; and any covered place open to the air on at least one side and available for public use shall be treated as a public open space (e.g. a bus shelter) Fly tipping is a similar offence that overlaps with littering; this is usually dealt with by Local Authority Officers. Section 92(9) of the Civic Government (Scotland) Act 1982 also deals with litter but is specific in that it creates an offence to drop litter in common property. This refers to common stairs, passages, back greens and private courts as opposed to a public place. Some areas now employ authorised officers of a litter authority to tackle this problem and where an offence has been committed in relation to dropping of litter the authorised officer can issue the offender with a fixed penalty as an alternative to prosecution. Practicalities Once litter has been deliberately left in any of the above circumstances, the offence is complete and it is lawful to convict the accused on the evidence of one person. There is no legal requirement for the police to give the offender the opportunity to pick up the litter as an alternative to being charged. With the exception of most obvious cases (e.g. someone throwing litter out of a moving vehicle), where there is ample evidence, the majority of Procurator Fiscals are reluctant to proceed with a case unless the offender was given the opportunity to pick up the litter. 5 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences Noise Pollution Although legislation will be utilised mainly by trained Local Authority employees, police officers should have an awareness of its contents in order to properly advise members of the public who make a complaint regarding noise. Part 5 of the Antisocial Behaviour etc. (Scotland) Act 2004 contains provisions in relation to noise nuisance. In particular the Act:- gives local authorities additional powers to deal with noise nuisance; tackles the problems of night noise in dwellings Noise nuisance is a serious problem for many people in the community and has to be dealt with accordingly. There are cases where the problem is clearly a contravention of criminal law such as a noisy party. In the case of residing next to a noisy factory or industrial estate, then this matter has to be dealt with under civil law, provided the noise is associated with the manufacturing process. In the case of noise pollution associated with manufacturing or other work you will have to tactfully explain to the complainer that this is a civil matter and advise them to make a formal complaint to either the local authority or seek advice from an agency such as Citizens’ Advice. There are occasions where a complaint about noise can be dealt with as a breach of the peace, however, there are other acts that you can use. Section 54 of the Civic Government (Scotland) Act 1982 This offence can be committed anywhere and not just in a public place, e.g. in a house or other private place. It is designed to be dealt with by a warning in the first place and if this fails then appropriate action can be taken. This section creates an offence for any person to:- sound or play any musical instrument; or sing or perform; or operate any radio, television, record player, tape player, or other sound producing device, 6 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences if it gives any other person reasonable cause for annoyance and the offender refuses to desist on being required to do so by a Constable in uniform. Note:- The offence is not complete until the accused has failed to desist. This offence can be dealt with by means of a Fixed Penalty Notice providing the person responsible has attained the age of 16 years and is not subject to a supervision order. In many circumstances people will have no idea that they are causing a noise problem and will take heed of the warning you give them. There are occasions when you will have to return and if so then the offender, who will generally be the occupier, will be charged. Under this legislation, police officers are empowered to enter premises without warrant and to seize noise-making equipment if it is reasonably suspected that an offence under the foregoing Section 54 has been committed, and to use reasonable force in doing so. This section also empowers the police to retain the equipment and hold it for 28 days, whereupon the owner may reclaim the property being liable for any storage costs. Communication C For many people holding a party which gets noisy and for which a complaint is made, it may well be the first occasion that they have contact with the police. How you deal with the matter may create a lasting impression on them about you and the service. Remember this could easily happen to a relative or friend. Fixed Penalty Notices can be issued:- in a public or private place on release from custody on the instructions of the custody Inspector/Sergeant 7 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences Note:- Your power of arrest for crimes and offences included in the fixed penalty scheme remain unchanged and can be exercised where appropriate and you will still require sufficient evidence and corroboration. Example Charge EC On 15th September 2020 at 12 Links Place, Brookbank you Robin Clarke did play music so as to give any other person reasonable cause for annoyance and did fail to desist on being required to do so by a constable in uniform in contravention to Section 54(1) Civic Government (Scotland) Act 1982 Seizure of Vehicles Introduction In some communities the public are constantly contacting the police due to the behaviour of drivers of motor vehicles. The Antisocial Behaviour etc. (Scotland) Act 2004 provides you with extensive powers to deal with this ever increasing complaint. Section 126 of the Anti-Social Behaviour Etc. (Scotland) Act 2004, provides that a Constable in uniform can seize vehicles which are used in a manner which cause alarm, distress or annoyance to members of the public if that Constable has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which contravenes section 3 or 34 of the Road Traffic Act 1988 (careless and inconsiderate driving and prohibition of off-road driving). Note:- These powers can be used both on public roads and areas off-road. The Constable may, if the motor vehicle is moving:- order the person driving it to stop the vehicle. seize and remove the vehicle. 8 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences enter any premises where the Constable has reasonable grounds for believing the motor vehicle to be (other than a private dwelling house), and may use reasonable force, in so doing. Note:- “private dwelling house” does not include:- any garage or other structure occupied with the dwelling house; or any land apportioned to the dwelling house. It may often be best practice to seek authorisation prior to forcing entry to premises unless to delay would defeat the interest of justice or endanger public safety. You need to be aware that you shall not seize the vehicle unless:- you have warned the person that should they continue you will seize the vehicle, or if after the warning the use has continued or has been repeated. Note:- Warnings can be given verbally, however, it is good practice to also issue a written warning. Refer to force procedures. An example of a warning notice is contained in Appendix A In relation to warnings, the following will apply:- A previous warning does not need to be given by the same Constable A previous warning is valid for an individual who thereafter commits a similar offence in a different vehicle A previous warning is valid for a vehicle which is thereafter found in similar circumstances but with a different driver A previous warning will remain live for a period of 12 months, regardless of the number of times the vehicle is seized Full details of the vehicle and driver must be noted on the PNC 9 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences If the circumstances make it impracticable for you to give the warning or, you have grounds to believe that the person has been given a warning by yourself or another Constable on a previous occasion within the last 12 months in relation to the same vehicle, or in similar circumstances, you may seize that vehicle without first giving a warning. Note:- Records of both the vehicle and the person are updated on PNC with the warning. A unique PNC identification number is appended to the vehicle with the date of the offence. The warning will remain on the record even when the vehicle is sold on, however, as long as the new keeper updates the V5 registration documents then records will show they were not the owner/driver at the time of the offence. A person who fails to comply with any of the above shall be guilty of an offence. Release of Vehicle On giving notice of the seizure of a motor vehicle under Section 126 to the person who is the owner, or who appears to be or claims to be the owner, they may seek to have it released. This can only be done by the payment of fees, charges or any other costs incurred due to the removal and retention of the vehicle and any application for it’s release. This also includes the delivery to a local authority of any motor vehicles seized under this section. If the person:- did not know of the use which led to its seizure or did not consent to its use or could not have prevented its use in the manner that resulted to the vehicles seizure, They would not be liable to pay any fee or charge. Disposal of a Seized Vehicle The Authority holding a seized vehicle may dispose of the vehicle but subject to certain conditions, if it is not claimed and removed from their keeping. 10 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences The vehicle cannot be disposed of:- in the three months following seizure. Nor can it be disposed of during the seven day period specified in the seizure notice. This will allow for instances where it has not been possible to give the notice at an early date and that the end of the seven day period is more than three months after seizure. Before disposal of the vehicle the retaining authority must have been unable to deliver a seizure notice, or if it was delivered, the owner must have failed to remove the vehicle. The vehicle can be disposed of in any way the retaining authority sees fit, whether by sale or otherwise, e.g. destruction. Vehicle Seizure Notice A seizure notice can be given by delivering it to the owner, by leaving it at their usual or last known address or by sending it recorded delivery or via email. If the vehicle is a corporate car (e.g., a fleet or hire car) the notice can be delivered or sent to the company secretary or an employee at its registered or principal office. Note:- An example of a Seizure Notice is contained in Appendix B. As you can see, the powers conferred on you as a Police Officer are wide-ranging and should be utilised where appropriate to address local concerns in relation to antisocial use of motor vehicles. You should ensure that you check force procedures for the application and administration of this legislation. The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 Fireworks used out with a controlled environment can cause damage and injury to people and property. It is an antisocial offence that takes place all year round, but is more common around bonfire night and specific festivals. In 2022 legislation was introduced to deal with individuals who have possession of fireworks and/or pyrotechnics both in public and in designated venues or events. 11 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences The legislation was brought into place to regulate the use, supply and possession of fireworks and other pyrotechnic articles. Section 35 makes it an offence for a person to possess (without reasonable excuse) a pyrotechnic article, other than a category F1 firework, in a public place. It is not an offence for a person to possess a pyrotechnic article if the possession of the pyrotechnic article— (a) is in connection with the person’s employment, or (b) is in connection with the person undertaking an activity where it is appropriate to possess the article for use as a visual distress signal. Note:- “category F1 firework” means a firework which presents a very low hazard and minimal noise level intended for use in confined areas. E.g. party poppers and certain sparklers. “pyrotechnic article” means an article which contains explosive substances or an explosive mixture of substances designed to produce heat, light, sound, gas or smoke or a combination of such effects. “Public Place” means any place other than premises occupied as a private dwelling (including any stair, passage, garden, yard, garage, outhouse or other appurtenance of such premises which is not used in common by the occupants of more than one such dwelling). Section 36 makes it an offence for a person to possess (without reasonable excuse) a pyrotechnic article in a designated venue or while at a designated event. For the purposes of section 36, the Scottish Ministers may by regulations designate— (a) a sports ground or class of sports grounds (whether or not the grounds are used for sporting events),* (b) a sporting event or class of sporting events (whether or not attendees have paid to attend),* (c) a venue that is to be used for a music event, including any place that is to be used by a person responsible for the organisation of a music event for the purpose of— (i) regulating entry to, or departure from, the event, or (ii) providing accommodation or other facilities for those attending the event, (d) a music event or class of music events (whether or not attendees have paid to attend). 12 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences *This will be covered further in Unit 7 Lesson 5.2 - Sporting Legislation Note:- sporting and music events will remain within the designated class from the time attendees begin to be admitted to the venue, or accommodation or other facilities provided to the audience at the event, until they have left the venue or event. Section 27(1) provides that a local authority can designate an area as a firework control zone, they can amend a zone (including the period for which it is to have effect or the days on which it is to operate) or revoke a zone. Section 27(2) creates the offence for a person to ignite a firework or knowingly or recklessly throw or cast a lit firework, or fire a firework in/into a firework control zone. (does not apply to category F1 Fireworks) Note:- A ‘Firework Control Zone’ operates and the offence in subsection (2) applies on all days that the zone has effect unless the designation specifies particular days on which the zone is to operate, in which case the offence applies on those days only. Section 41 provides a power of search, if a constable has reasonable grounds for suspecting that a person has committed or is committing an offence under this act, the constable may— search that person without warrant, stop and search a vehicle (and anything on or in it) seize and retain any item found in the course of a search which may be relevant to the commission of the offence. 13 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences Appendix A 14 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences 15 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences Appendix B 16 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences 17 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences 18 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences For further information, use the resources shown below:- Legal Database:- Criminal Law – Miscellaneous – Acts - Civic Government (Scotland) Act 1982 Review: You can explain the offences under the Civic Government (Scotland) Act 1982 in relation to urinating or defecating, obstruction by pedestrians. You can state the offences in relation to litter and what your police powers are under the Environmental Protection Act, 1990 You can state the offence, in relation to noise, under Section 54 of the Civic Government (Scotland) Act 1982 You can list your powers relating to the Seizure of Vehicles You can explain the requirements in relation to retention and disposal of a seized vehicle State the relevant offence in relation to The Fireworks and Pyrotechnic Articles (Scotland) Act 2022 and the associated police powers. 19 General Policing Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.1 Miscellaneous Antisocial Offences Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 20 General Policing Duties OFFICIAL