Anti-social Behaviour, Crime and Policing Act 2014

• Citation: 2014 c. 12
• Sections: 444

Section 1 Power to grant injunctions

(1) A court may grant an injunction under this section against a person aged 10 or over (“ the respondent ”) if two conditions are met.

(2) The first condition is that the court is satisfied, on the balance of probabilities, that the respondent has engaged or threatens to engage in anti-social behaviour.

(3) The second condition is that the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in anti-social behaviour.

(4) An injunction under this section may for the purpose of preventing the respondent from engaging in anti-social behaviour—

(a) prohibit the respondent from doing anything described in the injunction;

(b) require the respondent to do anything described in the injunction.

(5) Prohibitions and requirements in an injunction under this section must, so far as practicable, be such as to avoid—

(a) any interference with the times, if any, at which the respondent normally works or attends school or any other educational establishment;

(b) any conflict with the requirements of any other court order or injunction to which the respondent may be subject.

(6) An injunction under this section must—

(a) specify the period for which it has effect, or

(b) state that it has effect until further order.

In the case of an injunction granted before the respondent has reached the age of 18, a period must be specified and it must be no more than 12 months.

(7) An injunction under this section may specify periods for which particular prohibitions or requirements have effect.

(8) An application for an injunction under this section must be made to—

(a) a youth court, in the case of a respondent aged under 18;

(b) the High Court or the county court, in any other case.

Paragraph (b) is subject to any rules of court made under section 18(2).

Section 2 Meaning of “anti-social behaviour”

(1) In this Part “ anti-social behaviour ” means—

(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person,

(b) conduct capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises, or

(c) conduct capable of causing housing-related nuisance or annoyance to any person.

(2) Subsection (1)(b) applies only where the injunction under section 1 is applied for by—

(a) a housing provider,

(b) a local authority, or

(c) a chief officer of police.

(3) In subsection (1)(c) “ housing-related ” means directly or indirectly relating to the housing management functions of—

(a) a housing provider, or

(b) a local authority.

(4) For the purposes of subsection (3) the housing management functions of a housing provider or a local authority include—

(a) functions conferred by or under an enactment;

(b) the powers and duties of the housing provider or local authority as the holder of an estate or interest in housing accommodation.

Section 3 Requirements included in injunctions

(1) An injunction under section 1 that includes a requirement must specify the person who is to be responsible for supervising compliance with the requirement.

The person may be an individual or an organisation.

(2) Before including a requirement, the court must receive evidence about its suitability and enforceability from—

(a) the individual to be specified under subsection (1), if an individual is to be specified;

(b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.

(3) Before including two or more requirements, the court must consider their compatibility with each other.

(4) It is the duty of a person specified under subsection (1)—

(a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (the “relevant requirements”);

(b) to promote the respondent's compliance with the relevant requirements;

(c) if the person considers that the respondent—

(i) has complied with all the relevant requirements, or

(ii) has failed to comply with a relevant requirement,

to inform the person who applied for the injunction and the appropriate chief officer of police.

(5) In subsection (4)(c) “ the appropriate chief officer of police ” means—

(a) the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the respondent lives, or

(b) if it appears to that person that the respondent lives in more than one police area, whichever of the relevant chief officers of police that person thinks it most appropriate to inform.

(6) A respondent subject to a requirement included in an injunction under section 1 must—

(a) keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time;

(b) notify the person of any change of address.

These obligations have effect as requirements of the injunction.

Section 4 Power of arrest

(1) A court granting an injunction under section 1 may attach a power of arrest to a prohibition or requirement of the injunction if the court thinks that—

(a) the anti-social behaviour in which the respondent has engaged or threatens to engage consists of or includes the use or threatened use of violence against other persons, or

(b) there is a significant risk of harm to other persons from the respondent.

“Requirement” here does not include one that has the effect of requiring the respondent to participate in particular activities.

(2) If the court attaches a power of arrest, the injunction may specify a period for which the power is to have effect which is shorter than that of the prohibition or requirement to which it relates.

Section 5 Applications for injunctions

(1) An injunction under section 1 may be granted only on the application of—

(a) a local authority,

(b) a housing provider,

(c) the chief officer of police for a police area,

(d) the chief constable of the British Transport Police Force,

(e) Transport for London,

(ea) Transport for Greater Manchester,

(f) the Environment Agency,

(g) the Natural Resources Body for Wales,

(h) the Secretary of State exercising security management functions, or a Special Health Authority exercising security management functions on the direction of the Secretary of State, or

(i) the Welsh Ministers exercising security management functions, or a person or body exercising security management functions on the direction of the Welsh Ministers or under arrangements made between the Welsh Ministers and that person or body.

(2) In subsection (1) “ security management functions ” means—

(a) the Secretary of State's security management functions within the meaning given by section 195(3) of the National Health Service Act 2006;

(b) the functions of the Welsh Ministers corresponding to those functions.

(3) A housing provider may make an application only if the application concerns anti-social behaviour that directly or indirectly relates to or affects its housing management functions.

(4) For the purposes of subsection (3) the housing management functions of a housing provider include—

(a) functions conferred by or under an enactment;

(b) the powers and duties of the housing provider as the holder of an estate or interest in housing accommodation.

(5) The Secretary of State may by order—

(a) amend this section;

(b) amend section 20 in relation to expressions used in this section.

Section 6 Applications without notice

(1) An application for an injunction under section 1 may be made without notice being given to the respondent.

(2) If an application is made without notice the court must either—

(a) adjourn the proceedings and grant an interim injunction (see section 7), or

(b) adjourn the proceedings without granting an interim injunction, or

(c) dismiss the application.

Section 7 Interim injunctions

(1) This section applies where the court adjourns the hearing of an application (whether made with notice or without) for an injunction under section 1.

(2) The court may grant an injunction under that section lasting until the final hearing of the application or until further order (an “interim injunction”) if the court thinks it just to do so.

(3) An interim injunction made at a hearing of which the respondent was not given notice may not have the effect of requiring the respondent to participate in particular activities.

(4) Subject to that, the court has the same powers (including powers under section 4) whether or not the injunction is an interim injunction.

Section 8 Variation or discharge of injunctions

(1) The court may vary or discharge an injunction under section 1 on the application of—

(a) the person who applied for the injunction, or

(b) the respondent.

(2) In subsection (1) “ the court ” means—

(a) the court that granted the injunction, except where paragraph (b) applies;

(b) the county court, where the injunction was granted by a youth court but the respondent is aged 18 or over.

(3) The power to vary an injunction includes power—

(a) to include an additional prohibition or requirement in the injunction, or to extend the period for which a prohibition or requirement has effect;

(b) to attach a power of arrest, or to extend the period for which a power of arrest has effect.

(4) If an application under this section is dismissed, the party by which the dismissed application was made may make no further application under this section without—

(a) the consent of the court, or

(b) the agreement of the other party.

(5) Section 3 applies to additional requirements included under subsection (3)(a) above as it applies to requirements included in a new injunction.

Section 9 Arrest without warrant

(1) Where a power of arrest is attached to a provision of an injunction under section 1, a constable may arrest the respondent without warrant if he or she has reasonable cause to suspect that the respondent is in breach of the provision.

(2) A constable who arrests a person under subsection (1) must inform the person who applied for the injunction.

(3) A person arrested under subsection (1) must, within the period of 24 hours beginning with the time of the arrest, be brought before—

(a) a judge of the High Court or a judge of the county court, if the injunction was granted by the High Court;

(b) a judge of the county court, if—

(i) the injunction was granted by the county court, or

(ii) the injunction was granted by a youth court but the respondent is aged 18 or over;

(c) a justice of the peace, if neither paragraph (a) nor paragraph (b) applies.

(4) In calculating when the period of 24 hours ends, Christmas Day, Good Friday and any Sunday are to be disregarded.

(5) The judge before whom a person is brought under subsection (3)(a) or (b) may remand the person if the matter is not disposed of straight away.

(6) The justice of the peace before whom a person is brought under subsection (3)(c) must remand the person to appear before the youth court that granted the injunction.

Section 10 Issue of arrest warrant

(1) If the person who applied for an injunction under section 1 thinks that the respondent is in breach of any of its provisions, the person may apply for the issue of a warrant for the respondent's arrest.

(2) The application must be made to—

(a) a judge of the High Court, if the injunction was granted by the High Court;

(b) a judge of the county court, if—

(i) the injunction was granted by the county court, or

(ii) the injunction was granted by a youth court but the respondent is aged 18 or over;

(c) a justice of the peace, if neither paragraph (a) nor paragraph (b) applies.

(3) A judge or justice may issue a warrant under this section only if the judge or justice has reasonable grounds for believing that the respondent is in breach of a provision of the injunction.

(4) A warrant issued by a judge of the High Court must require the respondent to be brought before that court.

(5) A warrant issued by a judge of the county court must require the respondent to be brought before that court.

(6) A warrant issued by a justice of the peace must require the respondent to be brought before—

(a) the youth court that granted the injunction, if the person is aged under 18;

(b) the county court, if the person is aged 18 or over.

(7) A constable who arrests a person under a warrant issued under this section must inform the person who applied for the injunction.

(8) If the respondent is brought before a court by virtue of a warrant under this section but the matter is not disposed of straight away, the court may remand the respondent.

Section 11 Remands

Schedule 1 (remands under sections 9 and 10) has effect.

Section 12 Powers in respect of under-18s

Schedule 2 (breach of injunctions: powers of court in respect of under-18s) has effect.

Section 13 Power to exclude person from home in cases of violence or risk of harm

(1) An injunction under section 1 may have the effect of excluding the respondent from the place where he or she normally lives (“ the premises ”) only if—

(a) the respondent is aged 18 or over,

(b) the injunction is granted on the application of—

(i) a local authority,

(ii) the chief officer of police for the police area that the premises are in, or

(iii) if the premises are owned or managed by a housing provider, that housing provider, and

(c) the court thinks that—

(i) the anti-social behaviour in which the respondent has engaged or threatens to engage consists of or includes the use or threatened use of violence against other persons, or

(ii) there is a significant risk of harm to other persons from the respondent.

(2) For the purposes of this section a housing provider owns a place if—

(a) the housing provider is a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the place, whether in possession or in reversion, or

(b) the housing provider is a person who holds or is entitled to the rents and profits of the place under a lease that (when granted) was for a term of not less then 3 years.

Section 14 Requirements to consult etc

(1) A person applying for an injunction under section 1 must before doing so—

(a) consult the local youth offending team about the application, if the respondent will be aged under 18 when the application is made;

(b) inform any other body or individual the applicant thinks appropriate of the application.

This subsection does not apply to a without-notice application.

(2) Where the court adjourns a without-notice application, before the date of the first on-notice hearing the applicant must—

(a) consult the local youth offending team about the application, if the respondent will be aged under 18 on that date;

(b) inform any other body or individual the applicant thinks appropriate of the application.

(3) A person applying for variation or discharge of an injunction under section 1 granted on that person's application must before doing so—

(a) consult the local youth offending team about the application for variation or discharge, if the respondent will be aged under 18 when that application is made;

(b) inform any other body or individual the applicant thinks appropriate of that application.

(4) In this section—

“ local youth offending team ” means—

the youth offending team in whose area it appears to the applicant that the respondent lives, or

if it appears to the applicant that the respondent lives in more than one such area, whichever one or more of the relevant youth offending teams the applicant thinks it appropriate to consult;

“ on-notice hearing ” means a hearing of which notice has been given to the applicant and the respondent in accordance with rules of court;

“ without-notice application ” means an application made without notice under section 6.

Section 15 Appeals against decisions of youth courts

(1) An appeal lies to the Crown Court against a decision of a youth court made under this Part.

(2) On an appeal under this section the Crown Court may make—

(a) whatever orders are necessary to give effect to its determination of the appeal;

(b) whatever incidental or consequential orders appear to it to be just.

(3) An order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by the youth court) is to be treated for the purposes of section 8 as an order of the youth court.

Section 16 Special measures for witnesses

(1) Chapter 1 of Part 2 of the Youth Justice and Criminal Evidence Act 1999 (special measures directions in the case of vulnerable and intimidated witnesses) applies to proceedings under this Part as it applies to criminal proceedings, but with—

(a) the omission of the provisions of that Act mentioned in subsection (2) (which make provision appropriate only in the context of criminal proceedings), and

(b) any other necessary modifications.

(2) The provisions are—

(a) section 17(4) to (7);

(b) section 21(4C)(e);

(c) section 22A;

(d) section 27(10);

(e) section 32.

(3) Rules of court made under or for the purposes of Chapter 1 of Part 2 of that Act apply to proceedings under this Part—

(a) to the extent provided by rules of court, and

(b) subject to any modifications provided by rules of court.

(4) Section 47 of that Act (restrictions on reporting special measures directions etc) applies with any necessary modifications—

(a) to a direction under section 19 of that Act as applied by this section;

(b) to a direction discharging or varying such a direction.

Sections 49 and 51 of that Act (offences) apply accordingly.

Section 17 Children and young persons: disapplication of reporting restrictions

Section 49 of the Children and Young Persons Act 1933 (restrictions on reports of proceedings in which children and young persons are concerned) does not apply to proceedings under this Part.

Section 18 Rules of court

(1) Rules of court may provide that an appeal from a decision of the High Court, the county court or a youth court—

(a) to dismiss an application for an injunction under section 1 made without notice being given to the respondent, or

(b) to refuse to grant an interim injunction when adjourning proceedings following such an application,

may be made without notice being given to the respondent.

(2) Rules of court may provide for a youth court to give permission for an application for an injunction under section 1 against a person aged 18 or over to be made to the youth court if—

(a) an application to the youth court has been made, or is to be made, for an injunction under that section against a person aged under 18, and

(b) the youth court thinks that it would be in the interests of justice for the applications to be heard together.

(3) In relation to a respondent attaining the age of 18 after proceedings under this Part have begun, rules of court may—

(a) provide for the transfer of the proceedings from the youth court to the High Court or the county court;

(b) prescribe circumstances in which the proceedings may or must remain in the youth court.

Section 19 Guidance

(1) The Secretary of State may issue guidance to persons entitled to apply for injunctions under section 1 (see section 5) about the exercise of their functions under this Part.

(2) The Secretary of State may revise any guidance issued under this section.

(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published.

Section 20 Interpretation etc

(1) In this Part—

“ anti-social behaviour ” has the meaning given by section 2;

“ harm ” includes serious ill-treatment or abuse, whether physical or not;

“ housing accommodation ” includes—

flats, lodging-houses and hostels;

any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;

any common areas used in connection with the accommodation;

“ housing provider ” means—

a housing trust, within the meaning given by section 2 of the Housing Associations Act 1985, that is a charity;

in relation to England, a housing action trust established under section 62 of the Housing Act 1988;

in relation to England, a non-profit private registered provider of social housing;

in relation to Wales, a Welsh body registered as a social landlord under section 3 of the Housing Act 1996;

any body (other than a local authority or a body within paragraphs (a) to (d)) that is a landlord under a secure tenancy within the meaning given by section 79 of the Housing Act 1985;

“ local authority ” means—

in relation to England, a district council, a county council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

in relation to Wales, a county council or a county borough council;

“ respondent ” has the meaning given by section 1(1).

(2) A person's age is treated for the purposes of this Part as being that which it appears to the court to be after considering any available evidence.

Section 21 Saving and transitional provision

(1) In this section “ existing order ” means any of the following injunctions and orders—

(a) an anti-social behaviour injunction under section 153A of the Housing Act 1996;

(b) an injunction under section 153B of that Act (injunction against unlawful use of premises);

(c) an injunction in which anything is included by virtue of section 153D(3) or (4) of that Act (power to include provision banning person from premises or area, or to include power of arrest, in injunction against breach of tenancy agreement);

(d) an order under section 1 or 1B of the Crime and Disorder Act 1998 (anti-social behaviour orders etc);

(e) an individual support order under section 1AA of that Act made in connection with an order under section 1 or 1B of that Act;

(f) an intervention order under section 1G of that Act;

(g) a drinking banning order under section 3 or 4 of the Violent Crime Reduction Act 2006.

(2) The repeal or amendment by this Act of provisions about any of the existing orders specified in subsection (1)(a) to (d), (f) and (g) does not apply in relation to—

(a) an application made before the commencement day for an existing order;

(b) an existing order (whether made before or after that day) applied for before that day;

(c) anything done in connection with such an application or order.

(3) The repeal or amendment by this Act of provisions about an order specified in subsection (1)(e) does not apply in relation to—

(a) an individual support order made before the commencement day;

(b) anything done in connection with such an order.

(4) As from the commencement day there may be no variation of an existing order that extends the period of the order or of any of its provisions.

(5) At the end of the period of 5 years beginning with the commencement day—

(a) in relation to any of the existing orders specified in subsection (1)(a), (b) and (d) to (g) that is still in force, this Part has effect, with any necessary modifications (and with any modifications specified in an order under section 185(7)), as if the provisions of the order were provisions of an injunction under section 1;

(b) the provisions of this Part set out in subsection (6) apply to any injunction specified in subsection (1)(c) that is still in force as they apply to an injunction under section 1;

(c) subsections (2) to (4) cease to have effect.

(6) The provisions referred to in subsection (5)(b) are—

(a) section 1(7);

(b) sections 4(2) and 9 (if a power of arrest is attached);

(c) sections 6 to 8;

(d) section 10;

(e) section 11 and Schedule 1;

(f) section 12 and Schedule 2;

(g) section 18(1).

(7) In deciding whether to grant an injunction under section 1 a court may take account of conduct occurring up to 6 months before the commencement day.

(8) In this section “ commencement day ” means the day on which this Part comes into force.

Section 22 Power to make orders

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Section 23 Proceedings on an application for an order

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Section 24 Requirements included in orders

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Section 25 Duration of order etc

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Section 26 Interim orders

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Section 27 Variation or discharge of orders

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Section 28 Review of orders

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Section 29 Carrying out and participating in reviews

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Section 30 Breach of order

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Section 31 Special measures for witnesses

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Section 32 Guidance

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Section 33 Saving and transitional provision

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Section 34 Authorisations to use powers under section 35

(1) A police officer of at least the rank of inspector may authorise the use in a specified locality, during a specified period of not more than 48 hours, of the powers given by section 35.

“ Specified ” means specified in the authorisation.

(2) An officer may give such an authorisation only if satisfied on reasonable grounds that the use of those powers in the locality during that period may be necessary for the purpose of removing or reducing the likelihood of—

(a) members of the public in the locality being harassed, alarmed or distressed, or

(b) the occurrence in the locality of crime or disorder.

(3) In deciding whether to give such an authorisation an officer must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.

“ Convention ” has the meaning given by section 21(1) of the Human Rights Act 1998.

(4) An authorisation under this section—

(a) must be in writing,

(b) must be signed by the officer giving it, and

(c) must specify the grounds on which it is given.

Section 35 Directions excluding a person from an area

(1) If the conditions in subsections (2) and (3) are met and an authorisation is in force under section 34, a constable in uniform may direct a person who is in a public place in the locality specified in the authorisation—

(a) to leave the locality (or part of the locality), and

(b) not to return to the locality (or part of the locality) for the period specified in the direction (“the exclusion period”).

(2) The first condition is that the constable has reasonable grounds to suspect that the behaviour of the person in the locality has contributed or is likely to contribute to—

(a) members of the public in the locality being harassed, alarmed or distressed, or

(b) the occurrence in the locality of crime or disorder.

(3) The second condition is that the constable considers that giving a direction to the person is necessary for the purpose of removing or reducing the likelihood of the events mentioned in subsection (2)(a) or (b).

(4) The exclusion period may not exceed 48 hours.

The period may expire after (as long as it begins during) the period specified in the authorisation under section 34.

(5) A direction under this section—

(a) must be given in writing, unless that is not reasonably practicable;

(b) must specify the area to which it relates;

(c) may impose requirements as to the time by which the person must leave the area and the manner in which the person must do so (including the route).

(6) The constable must (unless it is not reasonably practicable) tell the person to whom the direction is given that failing without reasonable excuse to comply with the direction is an offence.

(7) If the constable reasonably believes that the person to whom the direction is given is under the age of 16, the constable may remove the person to a place where the person lives or a place of safety.

(8) Any constable may withdraw or vary a direction under this section; but a variation must not extend the duration of a direction beyond 48 hours from when it was first given.

(9) Notice of a withdrawal or variation of a direction—

(a) must be given to the person to whom the direction was given, unless that is not reasonably practicable, and

(b) if given, must be given in writing unless that is not reasonably practicable.

(10) In this section “ public place ” means a place to which at the material time the public or a section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission.

(11) In this Part “ exclusion period ” has the meaning given by subsection (1)(b).

Section 36 Restrictions

(1) A constable may not give a direction under section 35 to a person who appears to the constable to be under the age of 10.

(2) A constable may not give a direction under section 35 that prevents the person to whom it is given having access to a place where the person lives.

(3) A constable may not give a direction under section 35 that prevents the person to whom it is given attending at a place which the person is—

(a) required to attend for the purposes of the person's employment, or a contract of services to which the person is a party,

(b) required to attend by an obligation imposed by or under an enactment or by the order of a court or tribunal, or

(c) expected to attend for the purposes of education or training or for the purposes of receiving medical treatment,

at a time when the person is required or expected (as the case may be) to attend there.

(4) A constable may not give a direction to a person under section 35 if the person is one of a group of persons who are—

(a) engaged in conduct that is lawful under section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992 (peaceful picketing), or

(b) taking part in a public procession of the kind mentioned in subsection (1) of section 11 of the Public Order Act 1986 in respect of which—

(i) written notice has been given in accordance with that section, or

(ii) written notice is not required to be given as provided by subsections (1) and (2) of that section.

(5) In deciding whether to give a direction under section 35 a constable must have particular regard to the rights of freedom of expression and freedom of assembly set out in articles 10 and 11 of the Convention.

“ Convention ” has the meaning given by section 21(1) of the Human Rights Act 1998.

Section 37 Surrender of property

(1) A constable who gives a person a direction under section 35 may also direct the person to surrender to the constable any item in the person's possession or control that the constable reasonably believes has been used or is likely to be used in behaviour that harasses, alarms or distresses members of the public.

(2) A direction under this section must be given in writing, unless that is not reasonably practicable.

(3) A constable who gives a person a direction under this section must (unless it is not reasonably practicable)—

(a) tell the person that failing without reasonable excuse to comply with the direction is an offence, and

(b) give the person information in writing about when and how the person may recover the surrendered item.

(4) The surrendered item must not be returned to the person before the end of the exclusion period.

(5) If after the end of that period the person asks for the item to be returned, it must be returned (unless there is power to retain it under another enactment).

(6) But if it appears to a constable that the person is under the age of 16 and is not accompanied by a parent or other responsible adult, the item may be retained until the person is so accompanied.

(7) If the person has not asked for the return of the item before the end of the period of 28 days beginning with the day on which the direction was given, the item may be destroyed or otherwise disposed of.

Section 38 Record-keeping

(1) A constable who gives a direction under section 35 must make a record of—

(a) the individual to whom the direction is given,

(b) the time at which the direction is given, and

(c) the terms of the direction (including in particular the area to which it relates and the exclusion period).

(2) A constable who withdraws or varies a direction under section 35 must make a record of—

(a) the time at which the direction is withdrawn or varied,

(b) whether notice of the withdrawal or variation is given to the person to whom the direction was given and if it is, at what time, and

(c) if the direction is varied, the terms of the variation.

(3) A constable who gives a direction under section 37 must make a record of—

(a) the individual to whom the direction is given,

(b) the time at which the direction is given, and

(c) the item to which the direction relates.

Section 39 Offences

(1) A person given a direction under section 35 who fails without reasonable excuse to comply with it commits an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary conviction—

(a) to imprisonment for a period not exceeding 3 months, or

(b) to a fine not exceeding level 4 on the standard scale,

(3) A person given a direction under section 37 who fails without reasonable excuse to comply with it commits an offence.

(4) A person guilty of an offence under subsection (3) is liable on summary conviction to a fine not exceeding level 2 on the standard scale.

Section 40 Powers of community support officers

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Section 41 Guidance

(1) The Secretary of State may issue guidance to chief officers of police about the exercise, by officers under their direction or control, of those officers' functions under this Part.

(2) The Secretary of State may revise any guidance issued under this section.

(3) The Secretary of State must arrange for any guidance issued or revised under this section to be published.

Section 42 Saving and transitional provision

(1) The repeal by this Act of Part 4 of the Anti-social Behaviour Act 2003, and the repeal or amendment by this Act of provisions related to that Part, do not apply in relation to—

(a) an authorisation given under section 30(2) of that Act before the commencement day, or

(b) anything done in connection with such an authorisation.

(2) The repeal by this Act of section 27 of the Violent Crime Reduction Act 2006, and the repeal or amendment by this Act of provisions related to that section, do not apply in relation to—

(a) a direction given under that section before the commencement day, or

(b) anything done in connection with such a direction.

(3) In this section “ commencement day ” means the day on which this Part comes into force.

Section 43 Power to issue notices

(1) An authorised person may issue a community protection notice to an individual aged 16 or over, or a body, if satisfied on reasonable grounds that—

(a) the conduct of the individual or body is having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality, and

(b) the conduct is unreasonable.

(2) In subsection (1) “ authorised person ” means a person on whom section 53 (or an enactment amended by that section) confers power to issue community protection notices.

(3) A community protection notice is a notice that imposes any of the following requirements on the individual or body issued with it—

(a) a requirement to stop doing specified things;

(b) a requirement to do specified things;

(c) a requirement to take reasonable steps to achieve specified results.

(4) The only requirements that may be imposed are ones that are reasonable to impose in order—

(a) to prevent the detrimental effect referred to in subsection (1) from continuing or recurring, or

(b) to reduce that detrimental effect or to reduce the risk of its continuance or recurrence.

(5) A person (A) may issue a community protection notice to an individual or body (B) only if—

(a) B has been given a written warning that the notice will be issued unless B's conduct ceases to have the detrimental effect referred to in subsection (1), and

(b) A is satisfied that, despite B having had enough time to deal with the matter, B's conduct is still having that effect.

(6) A person issuing a community protection notice must before doing so inform any body or individual the person thinks appropriate.

(7) A community protection notice must—

(a) identify the conduct referred to in subsection (1);

(b) explain the effect of sections 46 to 51.

(8) A community protection notice may specify periods within which, or times by which, requirements within subsection (3)(b) or (c) are to be complied with.

Section 44 Occupiers of premises etc

(1) Conduct on, or affecting, premises (other than premises within subsection (2)) that a particular person—

(a) owns,

(b) leases,

(c) occupies,

(d) controls,

(e) operates, or

(f) maintains,

is treated for the purposes of section 43 as conduct of that person.

(2) Conduct on, or affecting, premises occupied for the purposes of a government department is treated for the purposes of section 43 as conduct of the Minister in charge of that department.

(3) This section does not treat an individual's conduct as that of another person if that person cannot reasonably be expected to control or affect it.

Section 45 Occupier or owner unascertainable

(1) This section applies where—

(a) an authorised person has power to issue a community protection notice,

(b) the detrimental effect referred to in section 43(1) arises from the condition of premises or the use to which premises have been put, and

(c) the authorised person has made reasonable enquiries to find out the name or proper address of the occupier of the premises (or, if the premises are unoccupied, the owner) but without success.

(2) The authorised person may—

(a) post the community protection notice on the premises;

(b) enter the premises, or other premises, to the extent reasonably necessary for that purpose.

(3) The community protection notice is treated as having been issued to the occupier of the premises (or, if the premises are unoccupied, the owner) at the time the notice is posted.

(4) In this section “ authorised person ” has the same meaning as in section 43(1).

Section 46 Appeals against notices

(1) A person issued with a community protection notice may appeal to a magistrates' court against the notice on any of the following grounds.

(1) That the conduct specified in the community protection notice—

(a) did not take place,

(b) has not had a detrimental effect on the quality of life of those in the locality,

(c) has not been of a persistent or continuing nature,

(d) is not unreasonable, or

(e) is conduct that the person cannot reasonably be expected to control or affect.

(2) That any of the requirements in the notice, or any of the periods within which or times by which they are to be complied with, are unreasonable.

(3) That there is a material defect or error in, or in connection with, the notice.

(4) That the notice was issued to the wrong person.

(2) An appeal must be made within the period of 21 days beginning with the day on which the person is issued with the notice.

(3) While an appeal against a community protection notice is in progress—

(a) a requirement imposed by the notice to stop doing specified things remains in effect, unless the court orders otherwise, but

(b) any other requirement imposed by the notice is of no effect.

For this purpose an appeal is “in progress” until it is finally determined or is withdrawn.

(4) A magistrates' court hearing an appeal against a community protection notice must—

(a) quash the notice,

(b) modify the notice (for example by extending a period specified in it), or

(c) dismiss the appeal.

Section 47 Remedial action by local authority

(1) Where a person issued with a community protection notice (“ the defaulter ”) fails to comply with a requirement of the notice, the relevant local authority may take action under subsection (2) or subsection (3) (or both).

(2) The relevant local authority may have work carried out to ensure that the failure is remedied, but only on land that is open to the air.

(3) As regards premises other than land open to the air, if the relevant local authority issues the defaulter with a notice—

(a) specifying work it intends to have carried out to ensure that the failure is remedied,

(b) specifying the estimated cost of the work, and

(c) inviting the defaulter to consent to the work being carried out,

the authority may have the work carried out if the necessary consent is given.

(4) In subsection (3) “ the necessary consent ” means the consent of—

(a) the defaulter, and

(b) the owner of the premises on which the work is to be carried out (if that is not the defaulter).

Paragraph (b) does not apply where the relevant authority has made reasonable efforts to contact the owner of the premises but without success.

(5) A person authorised by a local authority to carry out work under this section may enter any premises to the extent reasonably necessary for that purpose, except that a person who is only authorised to carry out work under subsection (2) may only enter land that is open to the air.

(6) If work is carried out under subsection (2) or (3) and the relevant local authority issues a notice to the defaulter—

(a) giving details of the work that was carried out, and

(b) specifying an amount that is no more than the cost to the authority of having the work carried out,

the defaulter is liable to the authority for that amount (subject to the outcome of any appeal under subsection (7)).

(7) A person issued with a notice under subsection (6) may appeal to a magistrates' court, within the period of 21 days beginning with the day on which the notice was issued, on the ground that the amount specified under subsection (6)(b) is excessive.

(8) A magistrates' court hearing an appeal under subsection (7) must—

(a) confirm the amount, or

(b) substitute a lower amount.

(9) In this section “ the relevant local authority ” means—

(a) the local authority that issued the community protection notice;

(b) if the community protection notice was not issued by a local authority, the local authority (or, as the case may be, one of the local authorities) that could have issued it.

Section 48 Offence of failing to comply with notice

(1) A person issued with a community protection notice who fails to comply with it commits an offence.

(2) A person guilty of an offence under this section is liable on summary conviction—

(a) to a fine not exceeding level 4 on the standard scale, in the case of an individual;

(b) to a fine , in the case of a body.

(3) A person does not commit an offence under this section if—

(a) the person took all reasonable steps to comply with the notice, or

(b) there is some other reasonable excuse for the failure to comply with it.

Section 49 Remedial orders

(1) A court before which a person is convicted of an offence under section 48 in respect of a community protection notice may make whatever order the court thinks appropriate for ensuring that what the notice requires to be done is done.

(2) An order under this section may in particular require the defendant—

(a) to carry out specified work, or

(b) to allow specified work to be carried out by or on behalf of a specified local authority.

(3) To be specified under subsection (2)(b) a local authority must be—

(a) the local authority that issued the community protection notice;

(b) if the community protection notice was not issued by a local authority, the local authority (or, as the case may be, one of the local authorities) that could have issued it.

(4) A requirement imposed under subsection (2)(b) does not authorise the person carrying out the work to enter the defendant's home without the defendant's consent.

But this does not prevent a defendant who fails to give that consent from being in breach of the court's order.

(5) In subsection (4) “ the defendant's home ” means the house, flat, vehicle or other accommodation where the defendant—

(a) usually lives, or

(b) is living at the time when the work is or would be carried out.

(6) If work is carried out under subsection (2)(b) and the local authority specified under that subsection issues a notice to the defaulter—

(a) giving details of the work that was carried out, and

(b) specifying an amount that is no more than the cost to the authority of having the work carried out,

the defaulter is liable to the authority for that amount (subject to the outcome of any appeal under subsection (7)).

(7) A person issued with a notice under subsection (6) may appeal to a magistrates' court, within the period of 21 days beginning with the day on which the notice was issued, on the ground that the amount specified under subsection (6)(b) is excessive.

(8) A magistrates' court hearing an appeal under subsection (7) must—

(a) confirm the amount, or

(b) substitute a lower amount.

Section 50 Forfeiture of item used in commission of offence

(1) A court before which a person is convicted of an offence under section 48 may order the forfeiture of any item that was used in the commission of the offence.

(2) An order under this section may require a person in possession of the item to hand it over as soon as reasonably practicable—

(a) to a constable, or

(b) to a person employed by a local authority or designated by a local authority under section 53(1)(c).

(3) An order under this section may require the item—

(a) to be destroyed, or

(b) to be disposed of in whatever way the order specifies.

(4) Where an item ordered to be forfeited under this section is kept by or handed over to a constable, the police force of which the constable is a member must ensure that arrangements are made for its destruction or disposal, either—

(a) in accordance with the order, or

(b) if no arrangements are specified in the order, in whatever way seems appropriate to the police force.

(5) Where an item ordered to be forfeited under this section is kept by or handed over to a person within subsection (2)(b), the local authority by whom the person is employed or was designated must ensure that arrangements are made for its destruction or disposal, either—

(a) in accordance with the order, or

(b) if no arrangements are specified in the order, in whatever way seems appropriate to the local authority.