Part I Prevention of crime and disorder
Chapter I England and Wales
Crime and disorder: general
C11 Anti-social behaviour orders.
1
An application for an order under this section may be made by a relevant authority if it appears to the authority that the following conditions are fulfilled with respect to any person aged 10 or over, namely—
a
that the person has acted, since the commencement date, in an anti-social manner, that is to say, in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself; and
F1b
that such an order is necessary to protect relevant persons from further anti-social acts by him.
F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
F31A
a
the council for a local government area;
F7aa
in relation to England, a county council;
b
the chief officer of police of any police force maintained for a police area;
c
the chief constable of the British Transport Police Force;F8. . .
F9ca
any non-profit registered provider of social housing which provides or manages any houses or hostel in a local government area;
d
any person registered under section 1 of the Housing Act 1996 (c. 52) as a social landlord who provides or manages any houses or hostel in a local government area;F10 or
e
a housing action trust established by order in pursuance of section 62 of the Housing Act 1988.
F111B
In this section “relevant persons” means—
a
in relation to a relevant authority falling within paragraph (a) of subsection (1A), persons within the local government area of that council;
F12aa
in relation to a relevant authority falling within paragraph (aa) of subsection (1A), persons within the county of the county council;
b
in relation to a relevant authority falling within paragraph (b) of that subsection, persons within the police area;
c
in relation to a relevant authority falling within paragraph (c) of that subsection—
F13i
“persons who are within or likely to be within a place specified in section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003 in a local government area; or
F14ii
persons who are within or likely to be within such a place;
d
in relation to a relevant authority falling within paragraph F15(ca), (d) F16or (e) of that subsection—
i
persons who are residing in or who are otherwise on or likely to be on premises provided or managed by that authority; or
ii
persons who are in the vicinity of or likely to be in the vicinity of such premises.
2
F17. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
3
Such an application shall be made by complaint to F18a magistrates' court.
4
If, on such an application, it is proved that the conditions mentioned in subsection (1) above are fulfilled, the magistrates’ court may make an order under this section (an “anti-social behaviour order”) which prohibits the defendant from doing anything described in the order.
5
For the purpose of determining whether the condition mentioned in subsection (1)(a) above is fulfilled, the court shall disregard any act of the defendant which he shows was reasonable in the circumstances.
F195A
Nothing in this section affects the operation of section 127 of the Magistrates' Courts Act 1980 (limitation of time in respect of informations laid or complaints made in magistrates' court).
F206
The prohibitions that may be imposed by an anti-social behaviour order are those necessary for the purpose of protecting persons (whether relevant persons or persons elsewhere in England and Wales) from further anti-social acts by the defendant.
7
An anti-social behaviour order shall have effect for a period (not less than two years) specified in the order or until further order.
8
Subject to subsection (9) below, the applicant or the defendant may apply by complaint to the court which made an anti-social behaviour order for it to be varied or discharged by a further order.
9
Except with the consent of both parties, no anti-social behaviour order shall be discharged before the end of the period of two years beginning with the date of service of the order.
10
If without reasonable excuse a person does anything which he is prohibited from doing by an anti-social behaviour order, he F21is guilty of an offence and liable—
a
on summary conviction, to imprisonment for a term not exceeding six months or to a fine not exceeding the statutory maximum, or to both; or
b
on conviction on indictment, to imprisonment for a term not exceeding five years or to a fine, or to both.
F2210A
The following may bring proceedings for an offence under subsection (10)—
a
a council which is a relevant authority;
b
the council for the local government area in which a person in respect of whom an anti-social behaviour order has been made resides or appears to reside.
10B
If proceedings for an offence under subsection (10) are brought in a youth court section 47(2) of the Children and Young Persons Act 1933 (c. 12) has effect as if the persons entitled to be present at a sitting for the purposes of those proceedings include one person authorised to be present by a relevant authority.
F2310C
In proceedings for an offence under subsection (10), a copy of the original anti-social behaviour order, certified as such 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.
F2410D
In relation to proceedings brought against a child or a young person for an offence under subsection (10)—
a
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 in respect of the child or young person against whom the proceedings are brought;
b
section 45 of the Youth Justice and Criminal Evidence Act 1999 (power to restrict reporting of criminal proceedings involving persons under 18) does so apply.
10E
If, in relation to any such proceedings, the court does exercise its power to give a direction under section 45 of the Youth Justice and Criminal Evidence Act 1999, it shall give its reasons for doing so.
C211
Where a person is convicted of an offence under subsection (10) above, it shall not be open to the court by or before which he is so convicted to make an order under subsection (1)(b) (conditional discharge) of F25section 12 of the Powers of Criminal Courts (Sentencing) Act 2000 in respect of the offence.
12
In this section—
F26“British Transport Police Force” means the force of constables appointed under section 53 of the British Transport Commission Act 1949 (c. xxix);
F27“child” and “young person” shall have the same meaning as in the Children and Young Persons Act 1933;
“the commencement date” means the date of the commencement of this section;
“local government area” means—
- a
in relation to England, a district or London borough, the City of London, the Isle of Wight and the Isles of Scilly;
- b
in relation to Wales, a county or county borough.
- a
F28. . .