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Version Superseded: 28/10/2004
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Crime and Disorder Act 1998, Section 19 is up to date with all changes known to be in force on or before 08 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
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(1)A [F1relevant] authority may make an application for an order under this section if it appears to the authority that the following conditions are fulfilled with respect to any person of or over the age of 16, namely—
(a)that the person has—
(i)acted in an anti-social manner, that is to say, in a manner that caused or was likely to cause alarm or distress; or
(ii)pursued a course of anti-social conduct, that is to say, pursued a course of conduct that caused or was likely to cause alarm or distress,
to one or more persons not of the same household as himself F2. . . (and in this section “anti-social acts” and “anti-social conduct” shall be construed accordingly); and
(b)that such an order is necessary to protect [F3relevant persons] from further anti-social acts or conduct by him.
(2)An application under subsection (1) above shall be made by summary application to the sheriff within whose sheriffdom the alarm or distress was alleged to have been caused or to have been likely to be caused.
[F4(2A)On an application made under subsection (1) above, being an application of which the person in respect of whom it is made has received intimation, the sheriff may, pending its determination, make such interim order as the sheriff considers appropriate provided that he is satisfied—
(a)that were the actings or conduct complained of in the application established, the condition mentioned in paragraph (a) of that subsection would be fulfilled; and
(b)that such an interim order is necessary for the purpose mentioned in paragraph (b) of that subsection.]
(3)On an application under subsection (1) above, the sheriff may, if he is satisfied that the conditions mentioned in that subsection are fulfilled, make an order under this section (an “anti-social behaviour order”) which, for the purpose of protecting [F5relevant persons] from further anti-social acts or conduct by the person against whom the order is sought, prohibits him from doing anything described in the order.
(4)For the purpose of determining whether the condition mentioned in subsection (1)(a) is fulfilled, the sheriff shall disregard any act of the person in respect of whom the application is made which that person shows was reasonable in the circumstances.
(5)This section does not apply in relation to anything done before the commencement of this section.
(6)Nothing in this section shall prevent a [F6relevant] authority from instituting any legal proceedings otherwise than under this section against any person in relation to any anti-social act or conduct.
(7)In this section “conduct” includes speech and a course of conduct must involve conduct on at least two occasions.
[F7(8)In this section and section 21 below—
“relevant authority”means—
a local authority (that is to say, a council constituted under section 2 of the Local Government etc. (Scotland) Act 1994 (c. 39)); or
a body registered in the register maintained under section 57 of the Housing (Scotland) Act 2001 (asp 10) (the register of social landlords);
“relevant person”means, in relation to an application by—
a local authority, a person in the area of that authority;
a registered social landlord—
a person residing in, or otherwise on or likely to be on, premises provided or managed by that landlord; or
a person in, or likely to be in, the vicinity of such premises;
and any reference to the area of a local authority is a reference to the local government area (within the meaning of the said Act of 1994) for which that authority is constituted.]
Textual Amendments
F1Word in s. 19(1) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 45(2)(a)(i), 89(2); S.S.I. 2003/288, art. 2, Sch.
F2Words in s. 19(1)(a) repealed (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 45(2)(a)(ii), 89(2); S.S.I. 2003/288, art. 2, Sch.
F3Words in s. 19(1)(b) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 45(2)(a)(iii), 89(2); S.S.I. 2003/288, art. 2, Sch.
F4S. 19(2A) inserted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 44(1), 89(2); S.S.I. 2003/288, art. 2, Sch.
F5Words in s. 19(3) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 45(2)(b), 89(2); S.S.I. 2003/288, art. 2, Sch.
F6Word in s. 19(6) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 45(2)(c), 89(2); S.S.I. 2003/288, art. 2, Sch.
F7S. 19(8) substituted (27.6.2003) by Criminal Justice (Scotland) Act 2003 (asp 7), ss. 45(2)(d), 89(2); S.S.I. 2003/288, art. 2, Sch.
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