07-03.2 Antisocial Behaviour Etc. (Scotland) Act 2004_049f1524999077693fda5bcb5fe6193b.pdf

OFFICIAL Unit 7 Lesson 3.2...

OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 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:- Antisocial behaviour is a serious concern for communities, local authorities and agencies 1. Describe what Antisocial Behaviour Orders across Scotland. The Scottish Government (ASBO) and Interim ASBO are and who can has strongly emphasised the importance of apply for them. addressing antisocial behaviour through the introduction of a range of legal powers and 2. State the offence in relation to breach of an duties. ASBO and your associated police powers. Part 1 of the Antisocial Behaviour Etc. (Scotland) Act 2004 places a duty on all local 3. Explain police powers and exemptions in authorities to prepare and publish an relation to Dispersal of Groups. antisocial behaviour strategy in partnership with the police, strengthening the range of 4. Define a Closure Order, associated offences tools available to tackle antisocial behaviour. and police powers. 1 th Amended 14 March 2024 v.3 OFFICIAL  OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 Activity 1 A1 In your groups consider what types of behaviour may be classed as antisocial. Anti-Social Behaviour Orders (ASBOs) ASBOs are civil orders that exist to protect the public from behaviour that causes or is likely to cause alarm or distress. An order contains conditions prohibiting the person named therein from doing anything specified in the order such as verbally abusing named persons or entering defined areas. The orders are not criminal penalties and are not intended to punish the offender, however breaching an order is a criminal offence. Note:- The minimum age at which a person may be subject to an ASBO in Scotland is 12 years old. ASBOs for adults (i.e., persons aged 16 years of age and over) are intended to tackle both behaviour which is likely to escalate to the criminal level and patterns of behaviour which cumulatively cause considerable alarm or distress to the community. An ASBO is not intended to be a substitute for criminal proceedings where such proceedings are appropriate but is intended to complement other civil procedures such as an interdict. 2 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 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, where there is evidence that a person (aged at least 12 years) has behaved in an antisocial manner and that an order is necessary for the protection of persons from further antisocial behaviour. Prior to making an application for an order, in respect of a person under 16 years, applicants must consult the Principal Reporter. ASBOs can be used to deal with antisocial behaviour where it occurs, provided the person(s) affected by the behaviour and the person who has behaved antisocially are not of the same household. They are not restricted to dealing with neighbour problems. They may, for example, be used to deal with antisocial conduct in and around retail premises or in parks or transport hubs. Under Section 4 of the Act, a relevant authority may make an application for an ASBO if it appears to the authority that a person aged 12 or over has acted in an antisocial manner or pursued a course of antisocial conduct that has caused or was likely to cause alarm or distress. The term Relevant Authority relates to Local Authorities and Registered Social Landlords:- Local Authority - a council constituted under Section 2 of the Local Government (Scotland) Act. Registered Social Landlord - a company or individual registered in the register maintained under Section 57 of the Housing (Scotland) Act 2001. A Local Authority can apply for an ASBO to protect any person within the area of the authority. Neither the person to whom the application relates or those affected by the behaviour need be resident within the area, but the person or persons affected by the behaviour must be within the authority area. 3 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 A Registered Social Landlord can apply for an ASBO to protect a person residing in, or otherwise in, or likely to be in premises provided or managed by that landlord, or a person in, or likely to be in the vicinity of such premises. On the application of a relevant authority, the Sheriff may, if satisfied that the following conditions are met as respects the person to whom the application relates-‘the specified person’, make an Antisocial behaviour Order:- that the specified person is at least 12 years of age. that the specified person has engaged in antisocial behaviour towards a relevant person. that an antisocial behaviour order is necessary for the purpose of protecting relevant persons from further antisocial behaviour by the specified person. For the purpose of determining whether these conditions are met, the Sheriff shall disregard any act or conduct of the specified person which that person shows was reasonable in the circumstances. Where the specified person is a child (i.e. 12 years old or over) but under 16 years of age, the Sheriff shall, before determining the application, require the Principal Reporter to arrange a children’s hearing for the purpose of obtaining their advice as to whether the antisocial behaviour order is necessary. Interim ASBOs An Interim Antisocial Behaviour Order is available, under Section 7 of the Act, to provide immediate protection from antisocial behaviour and prohibits the person named in the Order from doing anything prescribed in it, pending determination of the application for a full ASBO. The Interim Order will not normally specify how long the conditions should apply for but the Interim Order will only last until the application for the full order is completed. If an individual breaches an Interim Order, they are subject to the same criminal charge and arrest applicable to a full Antisocial Behaviour Order. 4 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 Breach of ASBO Section 9 of the Act creates an offence for any person to breach an interim or full ASBO. The police have sole responsibility for reporting any breach of an Antisocial Behaviour Order. Penalties in relation to adults on summary conviction; up to 6 months imprisonment, or a fine not exceeding the statutory maximum or both, or, on indictment, up to 5 years imprisonment and an unlimited fine, or both. You may consider using your powers of arrest under Section 1 of the Criminal Justice (Scotland) Act 2016. Under Section 9(3) and (4) where a person commits a separate criminal offence in addition to the breach of an order, the breach will not be prosecuted as a separate offence but will be taken into account as an aggravating factor in determining the sentence for that offence. Where a breach of an ASBO involves an individual between the ages of 12 and 15 years, the matter should be reported jointly to the Procurator Fiscal and the Reporter to the Children’s Panel. Feedback 1 F1 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 5 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 Dispersal of Groups As a police officer you will spend a lot of time dealing with complaints from members of the public with regard to the actions of persons congregating at certain locations and engaging in activities which may be viewed as antisocial. The Antisocial Behaviour Etc. (Scotland) Act 2004 provides the police with additional powers in order to tackle this common problem. Dispersal Area Where an officer of or above the rank of Superintendent has reasonable cause to believe that members of the public have been alarmed or distressed by the presence or behaviour of groups of two or more persons in public places; and that antisocial behaviour is a significant, persistent and serious problem in that area; that officer may, after consultation with the relevant Local Authority, designate that area as a dispersal area. Note:- For the purposes of this Act a “public place” means any place to which the public have access at the material time whether on payment or otherwise and includes:- Doorways and entrances of premises abutting on any such place. A road (as defined under the Roads (Scotland) Act 1984). Any common passage, close, court, stair or yard. Any place to which the public do not have access but to which persons have unlawfully gained access. An authorisation note must be published in a newspaper circulating in that area and be displayed in some conspicuous places within the dispersal area. The area may be designated for a specified period, on specified days or even specific times. The specified period shall not exceed 3 months. The designated area is not strictly defined in legislation and will mean the particular locality where the antisocial behaviour is taking place. 6 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 Police Powers Where a Constable has reasonable grounds for believing that the presence or behaviour of a group of two or more persons in any public place in the designated area is causing or is likely to cause alarm or distress to any members of the public, they may:- 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). The Constable may require such a direction to be complied with immediately or at such a time as the Constable may specify. These directions may be given orally to any person or groups of persons. They may also be withdrawn or varied by the Constable giving them. A person commits an offence if they, without reasonable excuse, knowingly contravene a direction given to them. (Antisocial Behaviour (Scotland) Act 2004 Section 21(2)). Exemptions A direction to disperse or leave the area may not be given in respect of a group of persons:- Who are engaged in conduct which is lawful (e.g. picketing during a strike). Who are taking part in a procession in respect of which proper written notice has been given and agreed to by the Local Authority. Closure of Premises As with Dispersal of Groups, the Antisocial Behaviour Etc. (Scotland) Act 2004 also gives the police additional powers to close premises in which persons engage in antisocial behaviour. These powers allow the police to take rapid and effective action against behaviour that causes relevant harm to communities. The action to close premises should not be taken in isolation and the police are required to consult with the Local Authority to consider the likely effects of closure and, in particular, the issue of vulnerability of the offending resident(s). 7 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 Closure Notices After establishing the identity of any person responsible for the premises and consulting with the relevant Local Authority, a Senior Police Officer may authorise the service of a Closure Notice where they have reasonable grounds for believing:- At any time during the immediately preceding 3 months a person has engaged in antisocial behaviour on the premises; and The use of the premises is associated with the occurrence of relevant harm. This authorisation, if given orally, must be confirmed by the Senior Police Officer in writing as soon as is practicable. A Closure Notice prohibits access to premises by any person other than:- A person who habitually resides in the premises, or The owner of the premises. Note:- the term senior officer has the same meaning in relation to Dispersal of Groups and is a police officer of or above the rank of Superintendent. Service of Notices A Closure Notice shall be served by a Constable by fixing a copy of the notice to:- At least one prominent place on 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. Note:- If a Constable believes that the access of any person who occupies any other part of the building would be impeded by the Closure Notice they shall give a copy of the Notice to that person. 8 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 Closure Orders No later than the first court day after service of a Closure Notice a Senior Police Officer shall apply to a Sheriff for a Closure Order in respect of the premises specified in the Closure Notice. A Closure Order authorises closure of the premises specified to all persons for a period not exceeding 3 months. This can be extended to 6 months on application to a Sheriff by a Senior Police Officer. A Constable or an Authorised Person may:- do anything necessary to secure closed premises against entry by any person; carry out essential maintenance or repairs to closed premises; and enter premises for the above purposes; and may use reasonable force in order to effect the above. An Authorised Person is 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. Offences The Antisocial Behaviour (Scotland) Act 2004 provides that:- If without reasonable excuse a person remains on or enters premises:- in contravention of a closure notice. in respect of which a closure order is in effect shall be guilty of an offence (Section 37(1)). Police Powers If a person obstructs an Authorised Person acting in pursuance of the above the person shall be guilty of an offence (Section 37(2)). Consequently, you may consider arresting a person under the terms of Section 1 Criminal Justice (Scotland) Act 2016. Note:- A Closure Order applies to all persons regardless if this is classified as a private dwelling or social housing. 9 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 Activity 2 A2 In your groups consider the following scenarios and discuss what actions you would take:- Scenario 1 A Local Authority receives numerous complaints from residents regarding 17 Burnside Avenue, Brookbank. The occupant, a 17 year old youth, is continually throwing parties and causing annoyance. The Authority apply for an ASBO which restricts the occupant from allowing any more than 4 people, not resident in the house, to be within the confines of the house at any one time. At 3pm on a Sunday afternoon you receive an anonymous report of a disturbance at this address. Upon arrival you do not detect any obvious crime but there are 7 loud youths within the garden. They are drinking and state they are having a party. The 17 year old occupant tells you he has invited some friends along for a garden party. What action would you take? 10 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 Activity 2 continued A2 Scenario 2 There have been numerous complaints from residents of youths congregating on waste ground adjacent to Castle Wynd, a quiet residential street in Brookbank. Your Superintendent consults with the local authority and designates the area as a Dispersal Area. This is published in the local newspaper. You are called to a complaint of youths gathering in the area. You attend and find 4 youths, of known good character, on the waste ground. They tell you they are ‘minding their own business’ and causing no harm. What action would you take? 11 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 Activity 2 continued A2 Scenario 3 An individual, who is well known to the police, opens a biker’s café in Mill Road Industrial Estate, Brookbank. Intelligence suggests it is intended to be used as a drugs café however no evidence of this has been found. Local residents have complained to the police and the local authority about the noise levels throughout the day and night and males urinating outside the café. The café owner has been asked to help but states it is none of his concern how his customers act. What course of action is open to a Senior Police Officer in this instance? 12 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 Feedback 2 F2 Scenario 1 Contrary to Section 9 of the Act, the 17 year old youth is in breach of the ASBO by allowing 7 youths to be within the confines of the house. (Garden is included in the ‘confines’) Scenario 2 In dealing with this situation the officer would need to have reasonable grounds for believing that the presence of the youths in the designated area is causing or is likely to cause alarm or distress to any members of the public. This being the case they may:- Require the group to disperse Direct persons who do not stay in the designated area to leave the designated area and direct any of these persons not to return for a period of up to 24 hours. The Constable may give these directions orally and require that such a direction be complied with immediately. Any person without reasonable excuse knowingly contravenes a direction given to them they commit an offence under Section 21(2) of the Act. A direction to disperse or leave the area may NOT be given in respect of a group of persons who:- i. Are engaged in lawful conduct (i.e. Trade Union Disputes) ii. Are taking part in a procession in respect of which proper written notice has been given and agreed to by the local authority. 13 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 Feedback 2 continued F2 Scenario 3 After establishing the identity of any person responsible for the premises and consulting with the relevant Local Authority, a Senior Police Officer may authorise the service of a Closure Notice where they have reasonable grounds for believing; At any time during the immediately preceding 3 months a person has engaged in antisocial behaviour on the premises; and The use of the premises is associated with the occurrence of relevant harm. This authorisation, if given orally, must be confirmed by the Senior Police Officer in writing as soon as is practicable. A Closure Notice shall be served by a Constable by fixing a copy of the notice to:- At least one prominent place on the premises. Each normal means of access to the premises. Any outbuildings used with or as part of the premises and giving a copy of the notice to any person, who lives on, has control of, or responsibility for the premises. Note:- If a Constable believes that the access of any person who occupies any other part of the building would be impeded by the Closure Notice they shall give a copy of the Notice to that person. A Closure Order authorises closure of the premises specified to ALL PERSONS for a period not exceeding 3 months 14 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 Feedback 2 continued F2 Scenario 3 continued A Constable or an Authorised Person may:- do anything necessary to secure closed premises against entry by any person; carry out essential maintenance or repairs to closed premises; and enter premises for the above purposes; and may use reasonable force in order to effect the above. If without a reasonable excuse a person remains on or enters premises:- In contravention of a closure notice In respect of which a closure order is in effect Will be guilty of an offence under If a person obstructs an Authorised Person acting in pursuance of the above the person shall be guilty of an offence. (Section 37(2)). 15 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 For further information, use the resources shown below:- Legal Database:- Criminal Law - Public Order Review: You can describe what Antisocial Behaviour Order (ASBO) and Interim ASBO are and who can apply for them You can state the offence in relation to breach of an ASBO and your associated police powers You can explain police powers and exemptions in relation to Dispersal of Groups You can define a Closure Order, associated offences and police powers 16 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 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 17 General Police Duties OFFICIAL  OFFICIAL Unit 7 Lesson 3.2 Antisocial Behaviour Etc. (Scotland) Act 2004 18 General Police Duties OFFICIAL