Anti-social Behaviour Act 2003
Encyclopedia
The Anti-social Behaviour Act 2003 (c.38) is an Act
of the Parliament
of the United Kingdom
which almost entirely applies only to England and Wales
. The Act, championed by then Home Secretary
, David Blunkett
, was passed in 2003. As well as strengthening the anti-social behaviour order
and Fixed Penalty Notice
provisions, and banning spray paint sales to people under the age of 16, it gives local councils the power to order the removal of graffiti
from private property.
It also specifically addresses truancy
, crack houses, false reports of emergency, fireworks, public drunkenness and gang activity
.
must consider the application, and can make a closure order under Section 2, known as a "Class A drug, supply, distribution or production premises closure Order". The effect of the order is that no-one may enter the premises whilst the order is in place, and it becomes a criminal offence to do so.
, and came into force in December 2008. Known as a Part 1A Closure Order or Antisocial Behaviour Closure Order the new Sections 11A-11L of the 2003 Act permit the police or local authority to apply to Magistrates to close premises where they are satisfied that within the preceding three months the premises have been associated with "significant and persistent disorder or persistent serious nuisance to members of the public." The order can be made in respect of business or residential premises. Similar to the Part 1 Order (Crack House
Closure Order), it becomes an offence to remain in or re-enter the premises for the duration of the order.
, which in theory at least, makes eviction much easier. A further important provision provides a mechanism for RSLs to apply for injunctions against people causing nuisance and annoyance to people in the neighbourhood of their housing stock. Section 13 of the 2003 Act amended Part V of the Housing Act 1996 ('Conduct of Tenants'), by repealing Sections 152 and 153, and inserting new Sections 153A - 153E. Where a person is invited into residential premises by the occupier, in breach of an s.153A injunction, they commit an offence.
Although still in force, Section 153A of the Housing Act 1996 has since been substituted by the Police and Justice Act 2006
, although this law has not yet come into force.
. These are intended to specify steps parents must take to control their children. It also introduces 'parenting contracts', which are mainly intended to cover child truancy.
to make possession of an airgun or an imitation weapon in public an offence. This section was later amended slightly after an outcry from airsoft
players, creating the use of UKARA licenses to legally own imitation firearms
in two main ways. First, the definition of a 'rave' is amended so that only 20 people, rather than 100 must be present. Second the powers of police to move unauthorised travellers' sites are strengthened. This Part also amends the provisions of the Public Order Act 1986
concerning public assemblies. The earlier Act gave the police power to intervene if a public assembly of 20 or more people appeared likely to cause 'serious public disorder, serious damage to property or serious disruption to the life of the community'. This Act reduces the number to two.
plants, which can grow to 6 metres or more in height, sometimes cutting out light for neighbours. Such hedges are not controlled by town planning legislation (which normally limits the height of fences to 2 metres), and so there was formerly no way of preventing people from allowing such a hedge to grow. This part of the Act gives local authorities the power to investigate complaints made by people affected by such hedges, and, if necessary, to require their reduction. Councils can charge a fee for dealing with such complaints. Soon after implementation, some councils were charging no fee, while the highest in the country was Sevenoaks
, which charged £650.
Part IX (Miscellaneous) makes some changes to the mechanisms for serving and enforcing anti-social behaviour order
s. Section 89 extended the powers of Community Support Officers
. The key changes are that PCSOs have the power to stop a cyclist, and Accredited Support Officers or Rail Community Officers can issue FPNs in respect of a number of offences:
Act of Parliament
An Act of Parliament is a statute enacted as primary legislation by a national or sub-national parliament. In the Republic of Ireland the term Act of the Oireachtas is used, and in the United States the term Act of Congress is used.In Commonwealth countries, the term is used both in a narrow...
of the Parliament
Parliament
A parliament is a legislature, especially in those countries whose system of government is based on the Westminster system modeled after that of the United Kingdom. The name is derived from the French , the action of parler : a parlement is a discussion. The term came to mean a meeting at which...
of the United Kingdom
United Kingdom
The United Kingdom of Great Britain and Northern IrelandIn the United Kingdom and Dependencies, other languages have been officially recognised as legitimate autochthonous languages under the European Charter for Regional or Minority Languages...
which almost entirely applies only to England and Wales
England and Wales
England and Wales is a jurisdiction within the United Kingdom. It consists of England and Wales, two of the four countries of the United Kingdom...
. The Act, championed by then Home Secretary
Home Secretary
The Secretary of State for the Home Department, commonly known as the Home Secretary, is the minister in charge of the Home Office of the United Kingdom, and one of the country's four Great Offices of State...
, David Blunkett
David Blunkett
David Blunkett is a British Labour Party politician and the Member of Parliament for Sheffield Brightside and Hillsborough, having represented Sheffield Brightside from 1987 to 2010...
, was passed in 2003. As well as strengthening the anti-social behaviour order
Anti-Social Behaviour Order
An Anti-Social Behaviour Order or ASBO is a civil order made against a person who has been shown, on the balance of evidence, to have engaged in anti-social behaviour. The orders, introduced in the United Kingdom by Prime Minister Tony Blair in 1998, were designed to correct minor incidents that...
and Fixed Penalty Notice
Fixed Penalty Notice
Fixed penalty notices were introduced in Britain in the 1950s to deal with minor parking offences. Originally used by police and traffic wardens, their use has extended to other public officials and authorities, as has the range of offences for which they can be used.In recent years, this has...
provisions, and banning spray paint sales to people under the age of 16, it gives local councils the power to order the removal of graffiti
Graffiti
Graffiti is the name for images or lettering scratched, scrawled, painted or marked in any manner on property....
from private property.
It also specifically addresses truancy
Truancy
Truancy is any intentional unauthorized absence from compulsory schooling. The term typically describes absences caused by students of their own free will, and usually does not refer to legitimate "excused" absences, such as ones related to medical conditions...
, crack houses, false reports of emergency, fireworks, public drunkenness and gang activity
Gang
A gang is a group of people who, through the organization, formation, and establishment of an assemblage, share a common identity. In current usage it typically denotes a criminal organization or else a criminal affiliation. In early usage, the word gang referred to a group of workmen...
.
Crack house closure orders
Part I of the Act (Premises where drugs used unlawfully) enables the police to close residential premises concerned in the use, production or supply of Class A drugs and which are associated with serious nuisance or disorder to members of the public in the preceding three months. After such a notice has been served, within 48 hours a Magistrates' CourtMagistrates' Court
A magistrates' court or court of petty sessions, formerly known as a police court, is the lowest level of court in England and Wales and many other common law jurisdictions...
must consider the application, and can make a closure order under Section 2, known as a "Class A drug, supply, distribution or production premises closure Order". The effect of the order is that no-one may enter the premises whilst the order is in place, and it becomes a criminal offence to do so.
Antisocial behaviour closure orders
Part IA of the Act (Premises associated with persistent disorder or nuisance) was inserted by Section 118 of the Criminal Justice and Immigration Act 2008Criminal Justice and Immigration Act 2008
The Criminal Justice and Immigration Act 2008 is an Act of the Parliament of the United Kingdom which makes significant changes in many areas of the criminal justice system in England and Wales and, to a lesser extent, in Scotland and Northern Ireland...
, and came into force in December 2008. Known as a Part 1A Closure Order or Antisocial Behaviour Closure Order the new Sections 11A-11L of the 2003 Act permit the police or local authority to apply to Magistrates to close premises where they are satisfied that within the preceding three months the premises have been associated with "significant and persistent disorder or persistent serious nuisance to members of the public." The order can be made in respect of business or residential premises. Similar to the Part 1 Order (Crack House
Crack house
Crack house is a term mainly used in the United States used to describe an old, often abandoned or burnt-out building often in an inner-city neighborhood where drug dealers and drug users buy, sell, produce, and use illegal drugs, including, but not limited to, crack cocaine.In the 1980s, inner...
Closure Order), it becomes an offence to remain in or re-enter the premises for the duration of the order.
Antisocial behaviour injunctions (ASBIs)
Part II (Housing) amended housing legislation to require social housing organisations to adopt and publish policies on anti-social behaviour. It also strengthens the power of registered social landlords (RSLs) to take action against tenants who cause nuisance or annoyance to neighbours. One power is that secure tenancies can be 'demoted' by order of a County CourtCounty Court
A county court is a court based in or with a jurisdiction covering one or more counties, which are administrative divisions within a country, not to be confused with the medieval system of county courts held by the High Sheriff of each county.-England and Wales:County Court matters can be lodged...
, which in theory at least, makes eviction much easier. A further important provision provides a mechanism for RSLs to apply for injunctions against people causing nuisance and annoyance to people in the neighbourhood of their housing stock. Section 13 of the 2003 Act amended Part V of the Housing Act 1996 ('Conduct of Tenants'), by repealing Sections 152 and 153, and inserting new Sections 153A - 153E. Where a person is invited into residential premises by the occupier, in breach of an s.153A injunction, they commit an offence.
Although still in force, Section 153A of the Housing Act 1996 has since been substituted by the Police and Justice Act 2006
Police and Justice Act 2006
The Police and Justice Act 2006 is an Act of the Parliament of the United Kingdom. As at August 2007 many of the provisions are not yet in force...
, although this law has not yet come into force.
Parenting orders
Part III (Parental responsibilities) amends 'parenting orders', which were introduced by the Crime and Disorder Act 1998Crime and Disorder Act 1998
The Crime and Disorder Act 1998 is an Act of the Parliament of the United Kingdom. The Act was published on 2 December 1997 and received Royal Assent in July 1998...
. These are intended to specify steps parents must take to control their children. It also introduces 'parenting contracts', which are mainly intended to cover child truancy.
Dispersal zones
Part IV (Dispersal of groups etc.) gives the police powers to disperse groups of two or more persons in any public place if their presence "has resulted, or is likely to result, in any members of the public being intimidated, harassed, alarmed or distressed". There is also a power for a police officer to accompany any unaccompanied person of under 16 to their home between the hours of 9 pm and 6 am. Section 30 does not apply to lawful pickets, although the human rights implications have been considered by the courts on a number of occasions. The power for police to remove a child under s30 is permissive, not coercive.Firearms
Part V (Firearms) amends the Firearms Act 1968Firearms Act 1968
The Firearms Act of 1968 is a UK Act of Parliament controlling use and possession of firearms....
to make possession of an airgun or an imitation weapon in public an offence. This section was later amended slightly after an outcry from airsoft
Airsoft
Airsoft is a sport in which participants shoot round non-metallic pellets launched via replica firearms.Gameplay varies in style and composition but often range from short-term skirmishes, organized scenarios, military simulations, historical reenactments, to competition target shooting events...
players, creating the use of UKARA licenses to legally own imitation firearms
The environment
Part VI (The Environment) contains a selection of miscellaneous provisions. It gives councils power to serve a closure order on premises causing public nuisance by noise. Councils also now have the power to serve a graffiti removal notice on the person in control (usually the owner) of any surface that is street furniture (street furniture is, usually a telephone box, letterbox, bus stop) where graffiti has been applied, this legislation does not apply to private property. There is a right of appeal to the magistrates court over such a notice, and one ground for appeal is that 'the defacement is neither detrimental to the amenity of the area nor offensive'. It makes the sale of aerosol paint to any person under 16 illegal.Raves and travellers
Part VII (Public Order and Trespass) amends the Criminal Justice and Public Order Act 1994Criminal Justice and Public Order Act 1994
The Criminal Justice and Public Order Act 1994 is an Act of the Parliament of the United Kingdom. It introduced a number of changes to the existing law, most notably in the restriction and reduction of existing rights and in greater penalties for certain "anti-social" behaviours...
in two main ways. First, the definition of a 'rave' is amended so that only 20 people, rather than 100 must be present. Second the powers of police to move unauthorised travellers' sites are strengthened. This Part also amends the provisions of the Public Order Act 1986
Public Order Act 1986
The Public Order Act 1986 is an Act of the Parliament of the United Kingdom. It creates a number of public order offences. They replace similar common law offences and parts of the Public Order Act 1936...
concerning public assemblies. The earlier Act gave the police power to intervene if a public assembly of 20 or more people appeared likely to cause 'serious public disorder, serious damage to property or serious disruption to the life of the community'. This Act reduces the number to two.
High hedges
Part VIII (High Hedges) is in response to concerns about hedges, typically of Leyland CypressLeyland Cypress
The Leyland Cypress, × Cupressocyparis leylandii , often referred to as just Leylandii, is a fast-growing evergreen tree much used in horticulture, primarily for hedges and screens. Even on sites of relatively poor culture, plants have been known to grow to heights of 15 metres in 16 years...
plants, which can grow to 6 metres or more in height, sometimes cutting out light for neighbours. Such hedges are not controlled by town planning legislation (which normally limits the height of fences to 2 metres), and so there was formerly no way of preventing people from allowing such a hedge to grow. This part of the Act gives local authorities the power to investigate complaints made by people affected by such hedges, and, if necessary, to require their reduction. Councils can charge a fee for dealing with such complaints. Soon after implementation, some councils were charging no fee, while the highest in the country was Sevenoaks
Sevenoaks (district)
Sevenoaks is a local government district covering the western most part of Kent in England. Its council is based in the town of Sevenoaks. It was formed on 1 April 1974, under the Local Government Act 1972, by a merger of the Sevenoaks Urban District, Sevenoaks Rural District and part of Dartford...
, which charged £650.
Miscellaneous
Part IX (Miscellaneous) makes some changes to the mechanisms for serving and enforcing anti-social behaviour order
Anti-Social Behaviour Order
An Anti-Social Behaviour Order or ASBO is a civil order made against a person who has been shown, on the balance of evidence, to have engaged in anti-social behaviour. The orders, introduced in the United Kingdom by Prime Minister Tony Blair in 1998, were designed to correct minor incidents that...
s. Section 89 extended the powers of Community Support Officers
Police community support officer
A police community support officer , or community support officer is a uniformed non-warranted officer employed by a territorial police force or the British Transport Police in England and Wales. Police community support officers were introduced in September 2002 by the Police Reform Act 2002...
. The key changes are that PCSOs have the power to stop a cyclist, and Accredited Support Officers or Rail Community Officers can issue FPNs in respect of a number of offences:
- Use of insulting or abusive behaviour to cause harassment alarm or distressHarassment, Alarm or DistressHarassment, alarm or distress is a statutory offence in England and Wales. It is also a term of art used in sections 4A and 5 of the Public Order Act 1986 .-The offence:...
- Throwing fireworks in a thoroughfare
- Trespassing on a railwayRoute CrimeRoute crime was formerly known as trespass and vandalism. It is believed to be the cause of most deaths to members of the public on the railways in Britain...
- Throwing stone etc. at trains or other things on railwaysRoute CrimeRoute crime was formerly known as trespass and vandalism. It is believed to be the cause of most deaths to members of the public on the railways in Britain...
- Buying or attempting to buy alcoholAlcoholIn chemistry, an alcohol is an organic compound in which the hydroxy functional group is bound to a carbon atom. In particular, this carbon center should be saturated, having single bonds to three other atoms....
for consumption in a bar in licensed premises by a person under 18 - Knowingly giving a false alarmFalse alarmA false alarm, also called a nuisance alarm, is the fake report of an emergency, causing unnecessary panic and/or bringing resources to a place where they are not needed. Over time, repeated false alarms in a certain area may cause occupants to start to ignore all alarms, knowing that each time it...
to the fire brigade - Wasting police timeWasting police timeWasting police time is listed as a criminal offence in many Commonwealth countries.- United Kingdom :In England and Wales, one can be charged by police with the offence under Section 5 of the Criminal Law Act 1967 when one "causes any wasteful employment of the police" by "knowingly making to any...
or giving a false report - Consumption of alcohol in a designated public placeDesignated Public Places OrderDesignated Public Place Orders give police officers discretionary powers to require a person to stop drinking and confiscate alcohol or containers of alcohol in public places...
- Using a public communications system for sending messages known to be false in order to cause annoyance.
Extent
- Part X (General) limits the extent of the legislation to England and Wales only, apart from Part V.