(1) The Anti-social Behaviour, Crime and Policing Act 2014 is amended as follows.
(2) Before Part 1 insert—
Respect orders
Respect orders
Power to make respect orders
(A1)
(1) A court may make an order under this section (a “respect order”) against a person aged 18 or over (“ the respondent ”) if—
(a) the court is satisfied, on the balance of probabilities, that the respondent has engaged in or threatens to engage in anti-social behaviour, and
(b) the court considers it just and convenient to make the order for the purpose of preventing the respondent from engaging in anti-social behaviour.
(2) A respect order may for the purpose of preventing the respondent from engaging in anti-social behaviour—
(a) prohibit the respondent from doing anything described in the order;
(b) require the respondent to do anything described in the order.
(3) Prohibitions and requirements in a respect order 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 any educational establishment;
(b) any conflict with the requirements of any other court order or injunction to which the respondent is subject.
(4) A respect order must—
(a) specify the period for which it has effect, or
(b) state that it has effect until further order.
(5) A respect order may specify periods for which particular prohibitions or requirements have effect.
(6) A respect order may be made only on the application of a relevant authority.
(7) An application for a respect order may be made to the High Court or the county court.
(8) A court may treat an application for a respect order as an application under section 1A (power to grant housing injunctions) for an injunction under that section.
(9) In this Part, “ anti-social behaviour ” means conduct that has caused, or is likely to cause, harassment, alarm or distress to any person.
Section A1 : meaning of “relevant authority”
(B1)
(1) This section applies for the purposes of section A1 .
(2) “ Relevant authority ” means—
(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,
(f) Transport for Greater Manchester,
(g) the Environment Agency,
(h) the Natural Resources Body for Wales,
(i) 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
(j) the Welsh Ministers exercising security management functions, or a person exercising security management functions on the direction of the Welsh Ministers or under arrangements made between the Welsh Ministers and that person.
(3) In subsection (2) “ 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.
(4) A housing provider may make an application for a respect order only if the application concerns anti-social behaviour that directly or indirectly relates to or affects its housing management functions.
(5) For the purposes of subsection (4) 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.
(6) In subsection (5) , “ housing accommodation ” includes—
(a) flats, lodging-houses and hostels;
(b) any yard, garden, outhouses and appurtenances belonging to the accommodation or usually enjoyed with it;
(c) any common areas used in connection with the accommodation.
(7) The Secretary of State may by regulations—
(a) amend this section;
(b) amend section N1 in relation to expressions used in this section.
Contents of respect orders
Power to exclude person from home in cases of violence or risk of harm
(C1)
(1) A respect order may have the effect of excluding the respondent from the place where the respondent normally lives (“ the premises ”) only if two conditions are met.
(2) The first condition is that the order is made on the application of—
(a) a local authority,
(b) the chief officer of police for the police area that the premises are in, or
(c) if the premises are owned or managed by a housing provider, that housing provider.
(3) The second condition is that the court considers 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.
(4) For the purposes of this section a housing provider owns premises if—
(a) the housing provider is a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the premises, 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 premises under a lease that (when granted) was for a term of 3 years or more.
Requirements included in respect orders
(D1)
(1) A respect order that includes a requirement must specify the person (“ the supervisor ”) who is to be responsible for supervising compliance with the requirement.
The supervisor 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 as the supervisor, if an individual is to be specified;
(b) an individual representing the organisation to be specified as the supervisor, if an organisation is to be specified.
(3) Before including two or more requirements, the court must consider their compatibility with each other.
(4) Where a court includes in a respect order a requirement the effect of which the court considers is to require the respondent to participate in a particular activity—
(a) the court must declare the requirement to be an “ activity requirement ” for the purposes of this Part, and
(b) the order must specify that the court has done so.
(5) It is the duty of a person specified as the supervisor in relation to a requirement—
(a) to make any necessary arrangements in connection with the requirements for which the supervisor has responsibility (the “relevant requirements”);
(b) to promote the respondent’s compliance with the relevant requirements;
(c) to inform the person who applied for the order and (if different) the appropriate chief officer of police if the supervisor considers that the respondent has complied with all the relevant requirements.
(6) If the supervisor considers that the respondent has failed to comply with a relevant requirement, the supervisor must inform the person who applied for the order and (if different) the appropriate chief officer of police unless—
(a) the supervisor considers that the respondent had a reasonable excuse for the failure, or
(b) section H1 applies (duty to give warning for breach of activity requirement).
(7) A respondent subject to a requirement included in a respect order must—
(a) keep in touch with the supervisor in relation to that requirement, in accordance with any instructions given by the supervisor from time to time;
(b) notify the supervisor of any change of address.
These obligations have effect as requirements of the order.
(8) In this section , “ the appropriate chief officer of police ” means—
(a) the chief officer of police for the police area in which it appears to the supervisor that the respondent lives, or
(b) if it appears to the supervisor that the respondent lives in more than one police area, whichever of the relevant chief officers of police the supervisor considers it most appropriate to inform.
Procedure
Applications without notice
(E1)
(1) An application for a respect order may be made without notice being given to the respondent.
(2) If an application is made without notice, the court must do one of the following—
(a) adjourn the proceedings and make an interim order (see section F1 );
(b) adjourn the proceedings without making an interim order;
(c) dismiss the application.
(3) Rules of court may provide that an appeal from a decision of the High Court or the county court—
(a) to dismiss an application for a respect order made without notice being given to the respondent, or
(b) to refuse to make an interim order when adjourning proceedings following such an application,
may be made without notice being given to the respondent.
Interim respect orders
(F1)
(1) This section applies where the court adjourns the hearing of an application (whether made with notice or without) for a respect order.
(2) The court may make a respect order lasting until the final hearing of the application or until further order (an “interim respect order”) if the court considers it just to do so.
(3) An interim respect order 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 in relation to an interim respect order as it has in relation to a respect order made at a final hearing.
Variation and discharge of respect orders
(G1)
(1) The court may vary or discharge a respect order on the application of—
(a) the person who applied for the order, or
(b) the respondent.
(2) In subsection (1) “ the court ” means the court that made the order.
(3) The power to vary an order includes power to include an additional prohibition or requirement in the order, or to extend the period for which a prohibition or requirement has effect.
(4) If an application under this section is dismissed, the party who made the dismissed application 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 D1 applies to additional requirements included under subsection (3) as it applies to requirements included in a new order.
Breaches of respect orders
Duty to give warning for breach of activity requirement
(H1)
(1) This section applies where—
(a) the supervisor responsible for an activity requirement is of the opinion that the respondent has without reasonable excuse failed to comply with the requirement, and
(b) the respondent has not been given a warning under this section in relation to the requirement within the period of 12 months ending with the date of the failure.
(2) The supervisor must give the respondent a warning in relation to the requirement which—
(a) must be in writing,
(b) must describe the circumstances of the failure to comply, and
(c) must inform the respondent that if the respondent breaches the activity requirement again within the period of 12 months beginning with the date on which the warning is given, the respondent will be liable to prosecution under section I1 .
(3) A warning under this section may be given to a person—
(a) by hand, or
(b) by sending it by first class post addressed to the person at the person’s last known address.
(4) As soon as practicable after giving a warning under this section, the supervisor must record that fact.
(5) In this section, “ supervisor ” has the meaning given by section D1 (1) .
Offence of breach of respect order
(I1)
(1) It is an offence for a person without reasonable excuse—
(a) to do anything the person is prohibited from doing by a respect order, or
(b) to fail to do anything the person is required to do by a respect order.
(2) Subsection (1) (b) does not apply in relation to a failure to comply with an activity requirement unless, within the period of 12 months ending with the date of the failure, the person has been given a warning under section H1 in relation to that requirement.
(3) A person who commits an offence under this section is liable—
(a) on summary conviction, to imprisonment for a term not exceeding the general limit in a magistrates’ court or a fine (or both);
(b) on conviction on indictment, to imprisonment for a period not exceeding 2 years or a fine (or both).
(4) Where a person is convicted of an offence under this section it is not open to the court by or before which the person is convicted to make, in respect of the offence, an order for conditional discharge.
(5) In proceedings for an offence under this section , a copy of the original order, certified by the proper officer of the court which made it, is admissible as evidence of its having been made and of its contents to the same extent that oral evidence of those things is admissible in those proceedings.
Supplementary
Requirement to carry out risk assessment
(J1)
(1) A person applying for a respect order must before doing so carry out a risk assessment in relation to the application.
(2) A risk assessment, in relation to an application for a respect order, is an assessment of—
(a) the risk of any person being caused harassment, alarm or distress by the respondent’s conduct,
(b) any vulnerabilities of the respondent,
(c) any alternative means of preventing the respondent from engaging in anti-social behaviour, and
(d) such other matters as the person considers relevant.
(3) A person required to carry out a risk assessment under this section must in doing so have regard to any guidance issued by the Secretary of State under section M1 .
Requirements to give notice of applications
(K1)
(1) A person applying for a respect order must before doing so inform any person the applicant considers appropriate of the application.
(2) Subsection (1) does not apply to a without-notice application.
(3) Where the court adjourns a without-notice application, before the date of the first on-notice hearing the applicant must inform any other person the applicant considers appropriate of the application.
(4) A person applying for variation or discharge of a respect order made on that person’s application must before doing so inform any other person the applicant considers appropriate of that application.
(5) In this section —
“ 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 E1 .
Special measures for witnesses
(L1)
(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 sections 17 (4) to (7) , 21 (4C) (e) , 22A , 27 (10) and 32 of that Act (which make provision appropriate only in the context of criminal proceedings), and
(b) any other necessary modifications.
(2) 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.
(3) 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.
(4) This section does not affect the application of any provision of that Act to criminal proceedings relating to an offence under section I1 of this Act.
Guidance
(M1)
(1) The Secretary of State may issue guidance to persons entitled to apply for orders under section A1 (see section B1 ) about the exercise of their functions under this Part.
(2) The Secretary of State may revise any guidance issued under this section .
(3) Before issuing or revising guidance under this section, the Secretary of State must consult such persons as the Secretary of State considers appropriate.
(4) Subsection (3) does not apply to revisions that the Secretary of State considers are not substantial.
(5) The requirement in subsection (3) to consult before issuing guidance may be satisfied by consultation carried out wholly or partly before this section comes into force.
(6) The Secretary of State must arrange for any guidance issued or revised under this section to be published.
Interpretation etc
(N1)
(1) In this Part—
“ activity requirement ” means a requirement which the court has declared to be an activity requirement for the purposes of this Part (see section D1 (4) );
“ anti-social behaviour ” has the meaning given by section A1 (9) ;
“ harm ” includes serious ill-treatment or abuse, whether physical or not;
“ housing provider ” means—
a housing trust (within the meaning given by section 2 of the Housing Associations Act 1985 ) that is a charity,
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 , or
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;
“ respect order ” means an order under section A1 ;
“ respondent ” has the meaning given by section A1 (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.
(3) In section 182 (2) (orders and regulations subject to affirmative resolution procedure), before paragraph (a) insert—
(za) regulations under section B1 (7) ,