View source for Anti-Social Behaviour, Crime and Policing Act 2014

{{Use dmy dates|date=June 2019}}
{{Use British English|date=June 2019}}
{{Infobox UK legislation
|short_title=Anti-Social Behaviour, Crime and Policing Act 2014
|type=Act
|year=2014
|parliament=Parliament of the United Kingdom
|long_title=An Act to make provision in connection with anti-social behaviour, crime and disorder, including provision about recovery of possession of dwelling-houses, to make provision amending the Dangerous Dogs Act 1991, the Police Act 1997, Schedules 7 and 8 to the Terrorism Act 2000, the Extradition Act 2003 and Part 3 of the Police Reform and Social Responsibility Act 2011; to make provision about firearms, about sexual harm and violence and about forced marriage; to make provision about the police, the Independent Police Complaints Commission and the [[Serious Fraud Office (United Kingdom)]]; to make provision about invalid travel documents; to make provision about criminal justice and court fees; and for connected purposes.
|statute_book_chapter=2014 c. 12
|introduced_commons=[[Theresa May]]
|introduced_lords=[[John Taylor, Baron Taylor of Holbeach]]
|territorial_extent= {{flagicon|United Kingdom}} [[United Kingdom]]
|replaces=[[Anti-Social Behaviour Act 2003]] Pts 1 and 1A
|royal_assent=13 March 2014
|commencement=
|amendments=
|related_legislation=[[Dangerous Dogs Act 1991]], the [[Police Act#United Kingdom|Police Act 1997]], Schedules 7 and 8 of the [[Terrorism Act 2000]], the [[Extradition Act 2003]] and Part 3 of the [[Police Reform and Social Responsibility Act 2011]]
|status=Current
|original_text=http://www.legislation.gov.uk/ukpga/2014/12/contents/enacted
|use_new_UK-LEG=yes
|}}
The '''Anti-Social Behaviour, Crime and Policing Act 2014''' (c. 12) is an [[Act of Parliament|Act]] of the [[Parliament of the United Kingdom]] which consolidated and expanded [[Law enforcement in the United Kingdom|law enforcement powers]] in addressing [[Anti-social behaviour#United Kingdom|anti-social behaviour]]. One significant aspect of the act is that it replaced [[anti-social behaviour order]]s, the primary [[civil law (common law)|civil]] order in the United Kingdom since 1998, with [[criminal behaviour order]]s.
== Background ==
The [[Cameron–Clegg coalition|2010 coalition government]] expressed its intention to replace ASBOs, citing the reasons that "breach rates are high, and the number issued has been steadily declining since 2005."<ref name=Replacing>{{cite web|title=Anti-social Behaviour, Crime and Policing Bill Fact sheet: Replacing the ASBO|url=https://www.gov.uk/government/uploads/system/uploads/attachment_data/file/251312/01_Factsheet_Replacing_the_ASBO_-_updated_for_Lords.pdf|publisher=Home Office|date=October 2013|access-date=9 January 2014}}</ref> In July 2010, [[Home Secretary]] [[Theresa May]] announced her intention to reform anti-social behaviour measures for England and Wales, with the abolition of ASBOs in due course in favour of alternative "community-based" social control policies.<ref>{{cite web|url=https://www.bbc.co.uk/news/uk-10784060 |title=BBC News 28 July 2010 |publisher=BBC|date=28 July 2010 |access-date=29 April 2014}}</ref>
In 2012, the government produced a [[white paper]] titled ''Putting victims first: more effective responses to anti-social behaviour'', that outlined its intentions about reforming anti-social behaviour legislation. The white paper stated that it wanted to challenge "dangerous and yobbish behaviour of those who make victims’ lives a misery".<ref name=":0">{{Cite web|url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/228863/8367.pdf|title=Putting Victims First: More Effective Responses to Anti-Social Behaviour. Command Paper 8367|author=Home Office|date=2012|website=GOV.UK|page=3|access-date=16 May 2018}}</ref> Liberal Democrat objections prevented the implementation of the paper's proposals.<ref>{{cite news|last=Morris|first=Nigel|title='Crimbos' replace Asbos – but will they rush children into custody?|url=https://www.independent.co.uk/news/uk/crime/crimbos-replace-asbos--but-will-they-rush-children-into-custody-7778907.html |archive-url=https://ghostarchive.org/archive/20220507/https://www.independent.co.uk/news/uk/crime/crimbos-replace-asbos--but-will-they-rush-children-into-custody-7778907.html |archive-date=7 May 2022 |url-access=subscription |url-status=live|newspaper=The Independent|date=23 May 2012}}</ref> The 2013 government paper, ''Reform of Anti-Social Behaviour Powers: Groups ‘Hanging Around’'' mentioned specifically targeting certain types of youths behaviour. It mentioned that the government acknowledged that youths ‘hanging about’ might cause people to feel intimidated and fear for their safety regardless if their behaviour was anti-social.<ref name=":1">{{Cite web|url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/248750/01_GROUPS_HANGING_AROUND_WEB.PDF|title=Reform of Anti-social Behaviour Powers Groups 'Hanging Around'|author=Home Office|date=2013|website=GOV.UK|access-date=16 May 2018}}</ref> Government publications also revealed it was eager to deal with concerns about the perceived anti-social behaviour of people who are [[drunks]], [[beggars]], and irresponsible dog owners.<ref name=":0" /><ref name=":1" /><ref>{{Cite web |url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/364851/Public_and_open_spaces_information_note.pdf |title=Reform of Anti-social Behaviour Powers:Public and Open Spaces|author=Home Office |date=2013 |website=GOV.UK|access-date=16 May 2018}}</ref>
In May 2013, an Anti-social Behaviour, Crime and Policing Bill was introduced into the [[House of Commons of the United Kingdom|House of Commons]],<ref>{{cite web|title=Anti-social Behaviour, Crime and Policing Bill|url=https://www.gov.uk/government/collections/anti-social-behaviour-crime-and-police-bill|publisher=Home Office|access-date=9 January 2014}}</ref><ref name="Parl">{{cite web|url=http://services.parliament.uk/bills/2013-14/antisocialbehaviourcrimeandpolicingbill.html |title=Anti-social Behaviour, Crime and Policing Bill 2013-14 |publisher=[[UK Parliament]] |access-date=10 January 2014 |url-status=dead |archive-url=https://web.archive.org/web/20140109164302/http://services.parliament.uk/bills/2013-14/antisocialbehaviourcrimeandpolicingbill.html |archive-date=9 January 2014}}</ref> including a provision to create "injunctions to prevent nuisance and annoyance", replacing ASBOs in England and Wales.<ref name=Replacing/> The bill was criticised for the broad and undefined scope of "nuisance and annoyance",<ref>{{cite web|author1=Laura Tanguay|author2=Jean Parkinson|title=Injunction to Prevent Nuisance and Annoyance|url=http://www.steeleslaw.co.uk/news/injunction-to-prevent-nuisance-and-annoyance|publisher=Steeles Law Solicitors Ltd|date=19 July 2013|access-date=9 January 2013|archive-url=https://web.archive.org/web/20130728200803/http://www.steeleslaw.co.uk/news/injunction-to-prevent-nuisance-and-annoyance|archive-date=28 July 2013|url-status=dead}}</ref> and was rejected by the [[House of Lords]] in January 2014.<ref>{{cite news|title=Lords reject government's anti-social, crime and policing bill|url=https://www.theguardian.com/politics/2014/jan/09/lords-reject-antisocial-asbo-ipna-bill|newspaper=The Guardian|date=9 January 2014}}</ref> The Anti-Social Behaviour, Crime and Policing Act 2014 was then introduced, and received royal assent on 13 March 2014.
== Putting victims first ==
The focus for the act was on putting victims first, and the powers are designed to be quicker to implement so that victims get respite from anti-social behaviour faster. With the exception of the criminal behaviour order, the remainder can be processed through the civil courts which allows for a lower [[burden of proof (law)|burden of proof]] and thus makes it easier for agencies to obtain. The act also set out an absolute possession enabling councils and [[housing association]]s to evict anti-social tenants already found guilty of anti-social behaviour.
To put victims first, there were also two measures introduced in this act to enable victims to have their say:
# Community remedy – whereby victims can have a say in what type of punishment would be appropriate for the offender (e.g. clean up graffiti)
# Anti-social behaviour case review – also called 'community trigger'. A victim can insist on a multi-agency review of their case if they have reported the problem three times in the past six months and yet the problem has not yet been resolved.
== Consolidation ==
The focus of the Act was to streamline the tools and powers available to front-line agencies in dealing with anti-social behaviour. Previously there had been nineteen different powers, but these were reduced to a base of six.
The previous nineteen mechanisms were:<ref name=":0" />
* Anti-social behaviour injunctions
* [[Anti-social behaviour order]]s (ASBOs)
* Closure orders (known as S.161)
* Crackhouse closure orders
* Criminal anti-social behaviour orders (CrASBOs)
* [[Designated public place order]]s
* Direction to leave orders (known as S.27)
* Disposal orders (known as S.30)
* Dog control orders
* Drinking banning orders
* Drinking banning orders (on conviction)
* Gating orders
* Graffiti/defacement removal notices
* Individual support orders
* Intervention orders
* Litter cleaning notices
* Noisy premises closure orders
* Premises closure orders
* Street litter cleaning notices
The Anti-Social Behaviour, Crime and Policing Act 2014 consolidated them to:
* Civil injunctions
* [[Criminal behaviour order]]s
* Dispersal powers
* Community protection notices and remedial orders
* [[Public spaces protection order]]s
* Closure notices and orders
* Absolute grounds for possession
The government produces statutory guidance about the use of the six new mechanisms. December 2017 is the latest revision of the guidance {{as of|May 2018|lc=yes}}.<ref name=":2">{{Cite web|url=https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/679712/2017-12-13_ASB_Revised_Statutory_Guidance_V2.1_Final.pdf|title=Anti-social Behaviour, Crime and Policing Act 2014:Anti-social behaviour powers: Statutory guidance for frontline professionals|author=Home Office|date=2017|website=GOV.UK|access-date=16 May 2018}}</ref>
=== Civil injunctions ===
Part 1 of the Act empowers specified organisations to apply to the courts for a civil injunction against anyone aged 10 or over for actual or threatened anti-social behaviour.<ref name=":3">{{Cite book|title=Police law|last=Richard|first=Card|others=English, J. (Jack)|isbn=9780198786801|edition=Fifteenth|location=Oxford|oclc=973732993|date = 2017-01-19}}</ref> Suggested by the government is that civil injunctions might be used for aggressive begging, [[bullying]], [[gang]]s, irresponsible dog ownership, noisy or abusive neighbours, public drunkenness, and [[vandalism]].<ref name=":2" /> The injunction is a civil rather than a criminal order. A civil injunction can either prohibit or require a person to refrain from activities mentioned in the order. A court has the discretion if to include a power of arrest for breaches of the injunction. Breaches of an injunction are treated as [[Contempt of Court Act 1981|contempt of court]].<ref name=":3" /> Statutory government guidance provides four tests for using a civil injunction. On the balance of probabilities, the behaviour must be likely to cause harassment, alarm or distress (non-housing related anti-social behaviour); or conduct capable of causing nuisance or annoyance (housing-related anti-social behaviour); and just and convenient to grant the injunction to prevent anti-social behaviour.<ref name=":2" />
=== Criminal behaviour orders ===
{{Further|Criminal behaviour order}}
=== Dispersal powers ===
Part 3 of the Act covers police powers permitting the dispersal of people. The powers of dispersal require the authorisation of a police officer at least the rank of inspector. The act only allows authorising dispersal powers when members of the public in the locality are being harassed, alarmed or distressed, or when there is localised crime and disorder. The authorisation is limited to forty-eight hours.<ref name=":3" /> Authorising officers should consider the principles of the Human Rights Act.<ref name=":3" /> The statutory Government guidance requires consideration of the impact of vulnerable people, the displacement of the problems elsewhere, and if working in partnership with other agencies might provide a longer-term solution.<ref name=":2" />
When authorised to do so, police officers and [[police community support officer]]s, if permitted by their chief constable, can, in writing when feasible, direct a person to leave a geographical area and not return for a defined time period.<ref name=":3" /> The exceptions are people under ten years old,<ref name=":3" /> in which case if they are under sixteen the [[Children Act 2004]] allows taking them to their home.<ref name=":2" /> A direction should not be given that prevents a person from going to their home, their place of employment, where they are receiving education or training, places where they are receiving medical treatment or any place they are required to attend by a court. The power exists to seize any articles that are connected to the anti-social behaviour.<ref name=":3" /> Failing to disperse or preventing the seizure of articles related to the anti-social behaviour is a criminal offence.<ref name=":2" />
=== Public spaces protection orders ===
{{main|Public spaces protection order}}
[[File:PSPO zone sign.jpg|thumb|right|PSPO warning sign in Knightsbridge, London]]
[[Public spaces protection order]]s are orders which ban specific acts in a designated geographical area in England and Wales as set out in the act. It replaces the earlier [[designated public place order]]s, gating orders and dog control orders.<ref name=bristol-pspo>{{cite web |url=https://www.bristol.gov.uk/documents/20182/32586/Public+Space+Protection+Orders+what+you+need+to+know+information+sheet/21d401fe-5e79-9b10-a76a-0787324d51fa?version=1.0 |format=PDF |title=Public Space Protection Order - What you need to know |publisher=Bristol City Council |date=June 2018 |access-date=19 April 2019}}</ref>
PSPOs are intended to prevent specific acts which would not otherwise be [[criminal offence]]s. They have been criticised as restricting freedoms and having a disproportionately severe effect on people below the poverty line.<ref>{{cite web|url=https://www.theguardian.com/cities/2015/sep/08/pspos-new-control-orders-public-spaces-asbos-freedoms|title=PSPOs: the new control orders threatening our public spaces|first=Bradley|last=Garrett|work=The Guardian|date=2015-09-08|access-date=2018-09-07}}</ref> As of December 2017, there were 388 active PSPOs in Wales alone.<ref>{{cite web|url=https://www.bbc.com/news/uk-wales-42224292|title=Public space orders "make innocent behaviour offences"|first=Ione|last=Wells|publisher=BBC|date=2017-12-09|access-date=2018-09-07}}</ref>
Uses of PSPOs have ranged from [[Salford City Council]]'s ban on foul and abusive language in the [[Salford Quays]] area,<ref>{{cite web|url=http://www.itv.com/news/granada/2016-03-02/salford-council-tries-to-outlaw-swearing-at-the-quays/|title=Salford Council tries to outlaw swearing at the Quays|publisher=ITV News|date=2016-03-02|access-date=2018-09-07}}</ref> to the enactment by [[Kettering Borough Council]] of a [[curfew]] banning individuals under 18 from going outside alone between 11pm and 6am.<ref>{{Cite web |date=2016-08-05 |title=The council which banned sleeping |url=https://www.politics.co.uk/blog/2016/08/05/the-council-which-banned-sleeping/ |access-date=2022-12-27 |website=Politics.co.uk |language=en-US}}</ref>
Research by [[The Manifesto Club]] found a 420% increase in PSPO fines from 2016 to 2018. In 2018 there were 9,930 [[fixed penalty notice]]s issued, 60% of which were from four councils: [[Peterborough]], [[Bedford]], [[Hillingdon]] and [[Waltham Forest]]. These four councils use private contractors to issue the fines.<ref name=bbc-20190419>{{cite news |url=https://www.bbc.co.uk/news/uk-england-47982434 |title=Huge increase in Public Spaces Protection Order fines |work=BBC News |date=19 April 2019 |access-date=19 April 2019}}</ref>
=== Community protection notices and remedial orders ===
Part 4 of the Act introduced community protection notices and remedial orders. The aim of them was to challenge ongoing nuisance problems detrimental to a community's quality of life.<ref name=":3" /> The use of community protection notices does not interfere with the obligation of local authorities to issue abatement notices for statutory nuisances.<ref name=":2" />
A person over the age of sixteen, an organisation or business can be issued a community protection notice.<ref name=":3" /> The statutory guidance states that the vulnerability of a person should additionally be considered before issuing a notice.<ref name=":2" /> Before a notice is issued they must receive written notice warning them about the problem they are causing, and issuing a notice is an option being considered. It is issued by either giving it to a person, organisation or business, leaving at their address, or posting it to them. Community protection notices have three potential purposes, to stop or make them do something, or take reasonable steps towards an outcome. What is expected of them is written on the notice.<ref name=":3" />
Failing to conform to a community protection notice is an offence.<ref name=":3" /> The liability of a person, organisation or business for the offence is negated by payment of a [[fixed penalty notice]] up to the value of £100.<ref name=":2" /><ref name=":3" /> If a community protection notice is breached, a remedial order can be applied for at court.<ref name=":3" />
=== Closure notices and orders ===
[[File:19 Avenue Grove, Starbeck with a closure notice for anti-social behaviour (18th September 2021) 001.jpg|thumb|right|A closure notice issued under the act on residential property in [[Starbeck]], [[Harrogate]].]]
Part 4 of the act empowers the issuing of closure notices and closure orders. Both notices and orders can be applied to residential and other premises. Issuing a closure notice is usually the first resort to dealing with a problem. Closure notices can be issued if either nuisance or disorder has, or may occur at the premises. The notice is in force for a maximum of forty-eight hours. A closure notice can bar any person from accessing the premises, except any residents. The penalty for breaching a notice upon conviction is a maximum of three months’ imprisonment and an unlimited fine.<ref name=":2" />
Closure orders are usually issued in more serious instances. The criteria for issuing an order is that the premises must be connected to disorderly, offensive, or criminal behaviour, or disorderly behaviour in the near vicinity of it. It must be a serious nuisance to the public. An order can prohibit any person from entering the premises, including a resident. The maximum penalty for breaching a notice is up to six months imprisonment and an unlimited fine.<ref name=":2" />
The Anti-Social Behaviour, Crime and Policing Act 2014 created an offence of obstructing a person issuing an order or notice, officials entering the premises, or people securing it. The maximum penalty is three months imprisonment.<ref name=":2" /> The act did not consolidate all closure powers, for example, closure of licensed premises under the [[Licensing Act 2003]], or closure of premises used for [[prostitution in the United Kingdom|prostitution]] under the [[Sexual Offences Act 2003]].<ref name=":3" />
== Additional offences ==
The Anti-Social Behaviour, Crime and Policing Act 2014 included several additional provisions:
* Dangerous dogs
* Firearms
* Protection from sexual harm, including sexual risk orders
* Child sexual exploitation in hotels
* Violent offending
* Forced marriages
* Policing, including the [[College of Policing|National College of Policing]], and complaints against the police
* Extradition
* Criminal justice and court fees
=== Sexual risk orders ===
The Act also created [[sexual risk order]]s, which can require suspects to give police advanced notification of intention to engage in sexual activities or face prison sentences. The SROs, requested by police, are issued by magistrates.<ref>{{cite news|date=22 January 2016|title=Man ordered to tell police if he plans to have sex|publisher=BBC News|url=https://www.bbc.com/news/uk-england-york-north-yorkshire-35385227}}</ref>
=== Forced marriage ===
The Act also created several new offences relating to [[forced marriage]]:
* breaching a [[forced marriage protection order]] (amendment to the [[Family Law Act 1996]])
* causing a forced marriage, i.e. using threats, violence or other coercion (not necessarily against the victim) to cause a person to marry without their full and free consent (or any person who lacks capacity to consent even without coercion)
* using deception to cause a person to leave the UK to enter into a forced marriage.
The latter two offences are defined separately for England and Wales and for Scotland. They apply to any marriage ceremony even if not legally binding.
== Amendments of the Extradition Act 2003 ==
This bill also added a very important limitation to European Arrest Warrants, barring extradition in the ''"absence of prosecution decision"'' if there are reasonable grounds to believe, that the competent authorities in the country requesting the extradition have not made a decision to charge or have not made a decision to try the suspect. This amendment became famously known as ''"Lex Assange"'', because [[Julian Assange]] in fact never got charged in Sweden, but UK's highest courts still decided the extradition request to be legal.
== Criticisms of the Act ==
A general criticism of the Act was it interfered with the rights of young people, making them feel unable to use public places as they wished, even if their behaviour and activities were lawful.<ref>{{Cite journal|last=Johnstone|first=C|date=2016|title=After the ASBO: Extending Control Over Young People's Use of Public Spaces in England and Wales|journal=Critical Social Policy|volume=36 |issue=4|pages=716–726|doi=10.1177/0261018316651943|s2cid=148468829|url=http://eprints.brighton.ac.uk/16027/1/After%20the%20ASBO%202016%20Johnstone%20CSP.pdf}}</ref>
==See also==
* [[Anti-social Behaviour Act 2003]]
* [[Sexual Offences Act 2003]]
* [[Chav]]/[[Ned (Scottish)|ned]]
* [[Criminal behaviour order]]
* [[Presumption of guilt]]
* [[Quality-of-life policing]]
==References==
{{Reflist}}
{{UK legislation}}
{{UK law}}
==External links==
* [http://www.legislation.gov.uk/ukpga/2014/12/contents/enacted Anti-social Behaviour, Crime and Policing Act 2014, 2014 c. 12]
{{Authority control}}
[[Category:2014 in England]]
[[Category:2014 in Wales]]
[[Category:Animal welfare and rights legislation in the United Kingdom]]
[[Category:Anti-social behaviour]]
[[Category:Dog law in the United Kingdom]]
[[Category:English criminal law]]
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[[Category:Sex crimes in the United Kingdom]]
[[Category:Sexuality in the United Kingdom]]
[[Category:Terrorism laws in the United Kingdom]]
[[Category:United Kingdom Acts of Parliament 2014]]