Anti-social behaviour act - important changes to the law
??? | 07.01.2004 18:52
>In the rush to get its legislation through Parliament before the end of
>the last session in November, the government was subjected to lots of
>scrutiny on some of its proposals, for instance to limit trial by jury
>and 'foundation' hospitals. Meanwhile, of course, the various bills
>were packed with a ragbag of other bits and pieces which slipped through
>with much less scrutiny. Here are a few gems from the Anti-social
>Behaviour Act 2003 which are now law and will soon be in force.
>the last session in November, the government was subjected to lots of
>scrutiny on some of its proposals, for instance to limit trial by jury
>and 'foundation' hospitals. Meanwhile, of course, the various bills
>were packed with a ragbag of other bits and pieces which slipped through
>with much less scrutiny. Here are a few gems from the Anti-social
>Behaviour Act 2003 which are now law and will soon be in force.
>(1) Dispersal of groups
>A superintendent can authorise that an area is subject to anti-social
>behaviour, and that a member of the public has been intimidated,
>harassed, alarmed or distressed by the behaviour of a group of 2 or more
>people. The authorisation must be publicised, must have the consent of
>the local authority and can last up to 6 months. Once such an
>authorisation is made, any PC can order a group (of 2 or more) to
>disperse, and can escort anyone under 16 back home at nighttime. This
>does not apply to a group engaged in a lawful industrial dispute or a
>procession (march) that is held in accordance with the Public Order Act
>1986 (prior notice etc). The penalty for non-compliance is fairly
>severe (max 2,500 pounds or 3 months). In force from 20/1/2004.
>
>(2) Public order and trespass
>Some very small wording amendments with potentially big effects, viz:
>
>- in Public Order Act 1986, definition of public assemblies changed
> (demos that aren't marches, that police can impose conditions on under
> s.14 as they did at Aldermaston a couple of years ago): requirement
> for '20 people' changed to '2 people'.
>
>- extended powers to prevent raves (Criminal Justice and Public Order
> Act (CJPOA) 1994, s.63): numbers reduced from 100 to 20, extended to
> include raves inside buildings (if trespassing), new offence of going
> to a rave within 24 hours of being stopped from going to a previous
> one.
>
>- AGGRAVATED TRESPASS (CJPOA 1994, ss.68-69): words 'in the open air'
> deleted throughout both sections. The explanatory note points out
> that 'land' will legally include buildings, and explicitly refers to
> the use of s.68/69 against activists inside company buildings (think
> office occupations, supermarket protests etc - but the 'lawful
> activity' bit of the charge will stay in place, so it will still be
> possible to argue that the company is breaking the law by building
> widgets to go in Trident subs etc...).
>
>These three in force from 20/1/2004.
>
>(3) New powers to remove trespassers with vehicles
>An extension of CJPOA 1994, s.62. Will allow removal of trespassers
>plus vehicles where a group (with at least one vehicle) is involved, at
>request of occupier of land, subject to availability of alternative
>pitch(es) for the caravans/vehicles. Definition of 'land' to include
>roads in this section. In force from 27/2/2004.
>
>(4) Other
>There's other stuff in force from 20/1/04 and 27/2/04 too, mainly re
>closing clubs where drugs are used, parenting orders and air guns. Rest
>of act is about housing and 'anti-social' tenants, noise, graffiti and
>litter, high hedges, and more stuff on 'Anti-Social Behaviour Orders'
>and curfews etc, none of this is in force in the immediate future.
>A superintendent can authorise that an area is subject to anti-social
>behaviour, and that a member of the public has been intimidated,
>harassed, alarmed or distressed by the behaviour of a group of 2 or more
>people. The authorisation must be publicised, must have the consent of
>the local authority and can last up to 6 months. Once such an
>authorisation is made, any PC can order a group (of 2 or more) to
>disperse, and can escort anyone under 16 back home at nighttime. This
>does not apply to a group engaged in a lawful industrial dispute or a
>procession (march) that is held in accordance with the Public Order Act
>1986 (prior notice etc). The penalty for non-compliance is fairly
>severe (max 2,500 pounds or 3 months). In force from 20/1/2004.
>
>(2) Public order and trespass
>Some very small wording amendments with potentially big effects, viz:
>
>- in Public Order Act 1986, definition of public assemblies changed
> (demos that aren't marches, that police can impose conditions on under
> s.14 as they did at Aldermaston a couple of years ago): requirement
> for '20 people' changed to '2 people'.
>
>- extended powers to prevent raves (Criminal Justice and Public Order
> Act (CJPOA) 1994, s.63): numbers reduced from 100 to 20, extended to
> include raves inside buildings (if trespassing), new offence of going
> to a rave within 24 hours of being stopped from going to a previous
> one.
>
>- AGGRAVATED TRESPASS (CJPOA 1994, ss.68-69): words 'in the open air'
> deleted throughout both sections. The explanatory note points out
> that 'land' will legally include buildings, and explicitly refers to
> the use of s.68/69 against activists inside company buildings (think
> office occupations, supermarket protests etc - but the 'lawful
> activity' bit of the charge will stay in place, so it will still be
> possible to argue that the company is breaking the law by building
> widgets to go in Trident subs etc...).
>
>These three in force from 20/1/2004.
>
>(3) New powers to remove trespassers with vehicles
>An extension of CJPOA 1994, s.62. Will allow removal of trespassers
>plus vehicles where a group (with at least one vehicle) is involved, at
>request of occupier of land, subject to availability of alternative
>pitch(es) for the caravans/vehicles. Definition of 'land' to include
>roads in this section. In force from 27/2/2004.
>
>(4) Other
>There's other stuff in force from 20/1/04 and 27/2/04 too, mainly re
>closing clubs where drugs are used, parenting orders and air guns. Rest
>of act is about housing and 'anti-social' tenants, noise, graffiti and
>litter, high hedges, and more stuff on 'Anti-Social Behaviour Orders'
>and curfews etc, none of this is in force in the immediate future.
???
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