‘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.’
Local Government Lawyer, 14th March 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 8th February 2024
Source: www.localgovernmentlawyer.co.uk
‘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.’
Becket Chambers, 20th October 2023
Source: becket-chambers.co.uk
‘Richard Dewsbery reports on an important recent change to the Civil Procedure Rules that affects the N16A application form.’
Local Government Lawyer, 1st September 2023
Source: www.localgovernmentlawyer.co.uk
‘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.’
St Ives Chambers, 21st July 2023
Source: www.stiveschambers.co.uk
‘Communities across England and Wales will see more police patrolling antisocial behaviour hotspots and perpetrators will face tougher, swifter consequences.’
Home Office, 6th July 2023
Source: www.gov.uk
‘Kuljit Bhogal KC analyses an important recent High Court ruling on closure orders.’
Local Government Lawyer, 23rd June 2023
Source: www.localgovernmentlawyer.co.uk
‘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.’
Nearly Legal, 6th June 2023
Source: nearlylegal.co.uk
‘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.’
Nearly Legal, 1st May 2023
Source: nearlylegal.co.uk
‘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.’
Home Office, 26th March 2023
Source: www.gov.uk
“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.”
Local Government Lawyer, 30th August 2022
Source: www.localgovernmentlawyer.co.uk
‘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.’
Local Government Lawyer, 20th October 2020
Source: www.localgovernmentlawyer.co.uk
‘A “greedy” and “arrogant” free climber has been given a suspended sentence for defying a court order not to scale tall buildings.’
BBC News, 13th August 2020
Source: www.bbc.co.uk
‘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.’
Thomas More Chambers, 26th April 2020
Source: www.thomasmore.co.uk
‘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.’
The Independent, 18th August 2019
Source: www.independent.co.uk
‘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.’
Arden Chambers, 23rd May 2018
Source: www.ardenchambers.com
‘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.’
UK Human Rights Blog, 31st May 2018
Source: ukhumanrightsblog.com
‘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.’
Local Government Lawyer, 5th January 2018
Source: www.localgovernmentlawyer.co.uk
‘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.’
UK Police Law Blog, 27th December 2017
Source: ukpolicelawblog.com
‘A plan to ban swearing in a town centre has been scrapped after police said it was “unenforceable”.’
BBC News, 19th December 2017
Source: www.bbc.co.uk
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