Enforcement
- Warnings
- Penalty Notices
- Dispersal Order
- Seizure of Vehicles
- Acceptable Behaviour Contracts (ABC’s)
- Parental Control Agreement (PCA)
- Parenting Contract
- Parenting Order
- Injunctions
- Anti-Social Behaviour Orders (ASBO’s)
- Closure Notices
- Individual Support Order (ISO)
There are different levels of warnings that can be given to people who act in an anti-social manner to make them realise the impact and the consequences of their behaviour. Warnings range from early intervention warnings (written or verbal) that can be given by any agency and have no direct legal consequences, up to formal warnings by the police. For adults these are cautions and for young people these are reprimands and final warnings. Formal warnings are recorded and monitored and can lead to a criminal prosecution for persistent offenders.
Warnings are very effective in stopping people behaving anti-socially at an early stage; reserving law enforcement powers to be used against the minority who choose to ignore the warning.
Penalty Notices are a speedy and effective option for dealing with low level anti-social and nuisance behaviour. They can be issued by the police and the local authority for a wide range of offences including litter, graffiti, fly-posting, truancy, drunk and disorderly, noise nuisance, purchase of alcohol for a person under 18 etc. The amount of a Penalty Notice varies dependant on the offence and the severity of the behaviour and can vary from £50 to £110.
Police, with the agreement of the local authority, have the power to make a Dispersal Order for a specific area. There must have been evidence that anti-social behaviour is a significant problem in the area. Once the Dispersal Order is in place, the Police can disperse groups and direct them to leave the area for up to 24 hours (unless they live there).
Where motor vehicles are being used unlawfully or in a manner which causes ‘alarm, distress or annoyance’ to members of the public, the police have the power to seize a vehicle to stop its anti-social use. A warning notice is usually issued on the first occasion.
Acceptable Behaviour Contracts (ABC’s)
Acceptable Behaviour Contracts (ABC’s) are written voluntary agreements between a person who has been involved in anti-social behaviour and one or more agencies whose role is to prevent such behaviour – such as police, local council, housing association, school. They can be used for young people or adults. The contract gives a list of anti-social acts, which the person agrees not to continue. An ABC usually last for six months.
Parental Control Agreement (PCA)
A Parental Control Agreement is effectively an Acceptable Behaviour Contract for children under the age of 10 years. The aim is to encourage the parents to acknowledge and take responsibility for their child’s unacceptable behaviour. It is signed by the parents, as opposed to an ABC where both the parent and young person sign the contract.
A Parenting Contract is a written voluntary agreement between a parent and either school, local education authority or the Youth Offending Service. The contract states what the parent agrees to do in order to improve the behaviour of their child, or ensure they attend school. There may be a requirement for the parent to attend parenting classes.
Parenting Orders can be made by the Courts where a young person has been involved in anti-social behaviour, criminal activity or where their behaviour or attendance record in school is unacceptable. In addition to specific conditions, the parent will be required to attend parenting classes.
Injunctions are civil orders obtained from the county court. An injunction prohibits the person concerned from engaging in the behaviour detailed in the injunction. Injunctions can be used prevent a range of anti-social behaviour relating to housing and the wider neighbourhood. For example, using a property for drug dealing, playing loud music at night, barking dogs, verbal abuse and vandalism.
Some injunctions can exclude the person from specified places or areas. The court may grant an injunction for a specified period as it sees fit, or may decide that the injunction will apply until the injunction is varied or discharged. This can mean that an injunction can be in force for the lifetime of the person who it is obtained against.
Breach of the conditions of an injunction can result in up to two years' imprisonment and/or a fine for contempt of court.
Anti-Social Behaviour Orders (ASBO’s)
In serious cases of anti-social behaviour, or when an Acceptable Behaviour Contract has been unsuccessful in changing a person’s behaviour, an ASBO may be the next course of action. An ASBO is a civil court order that imposes strict conditions stating what the person cannot do and possibly where they cannot go. It lasts for a minimum of 2 years. The breach of an ASBO is where the individual does not comply with the terms of the order. This is a criminal offence and could result in a custodial sentence.
Closure of Drug Premises
Often referred to as ‘crack house closures’, Closure Notices give the police, in consultation with the local authority, the power to close premises used in connection with the unlawful use, production or supply of Class A drugs, where the premises have caused serious nuisance to members of the public within the last 3 months.
An application is made to the court, who can issue a Closure Order for up to 3 months (this can be extended to 6 months), during which time the premises will be sealed and it is an offence to enter.
Closure of Noisy Premises
The local authority has the power to close noisy premises, where they cause a public noise nuisance – eg pubs, clubs. This would close the premises for up to 24 hours.
Closure of Disorderly Premises
The police have the power to close disorderly licensed premises in the interests of public safety, where there is, or likely to be, disorder. This can close the premises for up to 24 hours.
Individual Support Order (ISO)
Where a young person is made subject to an Anti-Social Behaviour Order, the Court can also make an ISO, which requires the person to access services to help them change their behaviour eg substance misuse, anger management counselling. The Order lasts for up to 6 months.
