The meaning of ‘anti-social behaviour’ – Local Government Lawyer

‘The Court of Appeal has clarified the meaning of “antisocial behaviour” for the purposes of Anti-Social Behaviour, Crime and Policing Act 2014. Sian McGibbon examines the ruling.’

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Local Government Lawyer, 21st June 2024

Source: www.localgovernmentlawyer.co.uk

Court of Appeal rejects distinction between ‘aggressive’ and ‘passive’ begging when it comes to obtaining anti-social behaviour injunctions – Local Government Lawyer

Posted March 18th, 2024 in anti-social behaviour, appeals, ASBOs, injunctions, local government, news by tracey

‘Legislation on anti-social behaviour does not distinguish between aggressive and passive begging in determining whether an offence has been committed, the Court of Appeal has ruled.’

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Local Government Lawyer, 14th March 2024

Source: www.localgovernmentlawyer.co.uk

Tenants win High Court appeal against housing association over possession order – Local Government Lawyer

Posted February 8th, 2024 in anti-social behaviour, housing, news, repossession by sally

‘Two tenants have resisted an attempt to evict them for anti-social behaviour, with the High Court referring the matter back to the County Court.’

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Local Government Lawyer, 8th February 2024

Source: www.localgovernmentlawyer.co.uk

Sentencing for breach of an Anti-Social Behaviour Injunction – Becket Chambers

Posted November 21st, 2023 in anti-social behaviour, chambers articles, injunctions, news, sentencing by sally

‘Section 1 of the Anti-Social Behaviour, Crime and Policing Act 2014 provides the Court with the power to make an injunction (“ASBI”) if:

1. The Court is satisfied, on the balance of probabilities, that the Respondent has engaged in or threatened to engage in anti-social behaviour and

2. The Court considers it just and convenient to grant the injunction for the purpose of preventing the Respondent from engaging in anti-social behaviour.’

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Becket Chambers, 20th October 2023

Source: becket-chambers.co.uk

Applications for Anti-Social Behaviour Injunctions and Gang-Related Violence Injunctions – Local Government Lawyer

‘Richard Dewsbery reports on an important recent change to the Civil Procedure Rules that affects the N16A application form.’

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Local Government Lawyer, 1st September 2023

Source: www.localgovernmentlawyer.co.uk

Gangs and Anti-Social Behaviour Injunctions – Standard of Proof – St Ives Chambers

‘On 19 July 2023 the Supreme Court handed down judgment in the case of Jones v Birmingham City Council and another [2023] UKSC 27. The facts of the case involved allegations of gang related drug dealing activity which resulted in a without notice application for an injunction and power of arrest against Mr Jones and 17 others believed to be involved in a notorious Birmingham gang. Interim injunctions orders with powers of arrest were made pursuant to s34 Policing and Crime Act 2009 and Part 1 of the Anti Social Behaviour Crime and Policing Act 2014 and, in relation to Mr Jones specifically, a final injunction and power of arrest were made (pursuant to the 2009 Act only) which had the effect of prohibiting him from entering large parts of the city centre.’

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St Ives Chambers, 21st July 2023

Source: www.stiveschambers.co.uk

More visible policing and swifter consequences for antisocial behaviour – Home Office

Posted July 7th, 2023 in anti-social behaviour, government departments, news, police by tracey

‘Communities across England and Wales will see more police patrolling antisocial behaviour hotspots and perpetrators will face tougher, swifter consequences.’

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Home Office, 6th July 2023

Source: www.gov.uk

“Premises” – what can and cannot be closed using a closure order – Local Government Lawyer

Posted June 23rd, 2023 in anti-social behaviour, interpretation, local government, news by tracey

‘Kuljit Bhogal KC analyses an important recent High Court ruling on closure orders.’

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Local Government Lawyer, 23rd June 2023

Source: www.localgovernmentlawyer.co.uk

On the naughty step – a ‘rising star’ of Barking – Nearly Legal

‘Sadly, it appears that it is necessary to revive the long lapsed tradition of the Nearly Legal Naughty Step post.

We have encountered a number of councils putting, or trying to put, damn silly clauses in their tenancy agreements for secure tenants, and then threatening to evict tenants who breach these damn silly clauses. There was Sandwell silencing tenants, for example (and they were not alone in trying to include such a clause). And there was the spectacle of Wandsworth attempting to impose a clause forbidding the tenant, their household, or their visitors from behaving badly anywhere in the whole borough, on pain of eviction. That one – which is all too relevant for what follows – ended in humiliation for Wandsworth when they actually tried to use it.’

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Nearly Legal, 6th June 2023

Source: nearlylegal.co.uk

Snoring is not ASB, not even in Lambeth – Nearly Legal

Posted May 2nd, 2023 in anti-social behaviour, injunctions, news, noise, nuisance by tracey

‘LB Lambeth v Fanfair, County Court at Clerkenwell & Shoreditch, 14 February 2023. Our grateful thanks to Angharad Monk of Garden Court for this note of LB Lambeth’s claim for an injunction against Ms Fanfair under Part 1 Anti-Social Behaviour, Crime and Policing Act 2014, and the much delayed (if surely inevitable) strike out of the claim. A county court decision, but worthy of note here not just for the flimsy and inadequate evidence on which Lambeth initiated and pursued proceedings, but also for the way they continued to pursue proceedings for the best part of a year, despite breaching directions and despite the evidence of their own expert. Lambeth not turning up to the final hearing was perhaps a fitting dénouement. Anyway, the upshot is that ordinary noise is not ASB, and lack of sound insulation does not make ordinary use into a nuisance.’

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Nearly Legal, 1st May 2023

Source: nearlylegal.co.uk

Action plan to crack down on anti-social behaviour – Home Office

‘Perpetrators of anti-social behaviour will face swift and visible justice, with nitrous oxide banned and police given more powers to test for drugs on arrest.’

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Home Office, 26th March 2023

Source: www.gov.uk

Half of all court cases over breach of anti-social behaviour injunction end with defendant imprisoned, new data shows – Local Government Lawyer

“Almost half of all cases concerning civil injunction breaches brought to court by social housing providers and councils since the first lockdown have resulted in a prison sentence, according to a report from the Bureau of Investigative Journalism.”

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Local Government Lawyer, 30th August 2022

Source: www.localgovernmentlawyer.co.uk

Civil Justice Council report identifies significant problems around anti-social behaviour injunctions – Local Government Lawyer

Posted October 21st, 2020 in anti-social behaviour, civil justice, injunctions, local government, news by sally

‘Anti-social behaviour injunctions (ASBIs) – which were introduced by the Anti-Social Behaviour Crime and Policing Act 2014 – are not working, a report published this month by the Civil Justice Council has claimed.’

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Local Government Lawyer, 20th October 2020

Source: www.localgovernmentlawyer.co.uk

Wigan free climber Adam Lockwood sentenced for defying ban – BBC News

‘A “greedy” and “arrogant” free climber has been given a suspended sentence for defying a court order not to scale tall buildings.’

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BBC News, 13th August 2020

Source: www.bbc.co.uk

Anti-Social Behaviour During Lockdown – Thomas More Chambers

‘Since the Government imposed numerous restrictions on day to day life in order to tackle the COVID-19 pandemic, it is anticipated that anti-social behaviour (ASB) complaints may be more frequent then they might have been prior to the lockdown implementation. This article explores, in brief, the options available to private landlords during the time of the COVID-19 restrictions.’

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Thomas More Chambers, 26th April 2020

Source: www.thomasmore.co.uk

Courts to get anti-knife crime powers with Asbo-style orders for children as young as 12 – The Independent

‘Courts will be given extra powers to impose rules and curfews on anyone aged 12 or over who may be carrying a knife, the Home Office has announced. The Asbo-style powers, called knife crime prevention orders (KCPOs), are civil orders that can be imposed on people who the courts believe pose a threat to the public through the use of a bladed weapon. The powers will be introduced as part of the Offensive Weapons Act, which is attempting to tackle knife crime and serious violence.’

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The Independent, 18th August 2019

Source: www.independent.co.uk

Jerome Jones v Birmingham City Council – Arden Chambers

‘The Court of Appeal has held that proceedings for a gang injunction under Part 4, Policing and Crime Act 2009 (the “2009 Act”) and an anti-social behaviour injunction under Part 1, Anti-social Behaviour, Crime and Policing Act 2014 (the “2014 Act”) do not involve the determination of a criminal charge and therefore do not engage Articles 6(2) or 6(3) of the European Convention on Human Rights (“ECHR”). Nor does the requirement of a fair trial under Article 6(1) require the criminal standard of proof to be applied.’

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Arden Chambers, 23rd May 2018

Source: www.ardenchambers.com

Court of Appeal upholds Birmingham gang injunction – UK Human Rights Blog

‘The Court of Appeal has upheld a ‘gang injunction’ restricting the actions and movement of 18 members of a Birmingham gang. One of the men affected, Jerome Jones, unsuccessfully challenged the injunction, arguing that the proceedings by which it was made properly required proof to the criminal standard, and that the application of the civil standard violated his right to a fair trial under Article 6 ECHR.’

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UK Human Rights Blog, 31st May 2018

Source: ukhumanrightsblog.com

Leader urges police to use Vagrancy Act 1824 ahead of Royal Wedding – Local Government Lawyer

Posted January 8th, 2018 in anti-social behaviour, local government, news, police, royal family, vagrancy by sally

‘The Leader of the Royal Borough of Windsor & Maidenhead has written to the Police and Crime Commissioner for the Thames Valley calling for the use of The Vagrancy Act 1824 or the Anti-Social Behaviour, Crime and Policing Act 2014 in tackling anti-social behaviour including aggressive begging and intimidation ahead of the Royal Wedding in May this year.’

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Local Government Lawyer, 5th January 2018

Source: www.localgovernmentlawyer.co.uk

New guidance on the use of the Anti-social Behaviour, Crime and Policing Act 2014 – UK Police Law Blog

Posted January 4th, 2018 in anti-social behaviour, local government, news, nuisance, police by sally

‘Revised Guidance has been published on 24 December 2017. The Home Office website states:

New guidance on the use of anti-social behaviour powers will help police and councils continue to take appropriate action against nuisance behaviours while ensuring the most vulnerable, including the homeless, are not disproportionately targeted.’

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UK Police Law Blog, 27th December 2017

Source: ukpolicelawblog.com