Legalize / United Kingdom / Public General Act

Anti-social Behaviour, Crime and Policing Act 2014

Type Public General Act

Publication 2014-03-13

State In force

Department Statute Law Database

Source legislation.gov.uk

Reform history JSON API

PART 1 — Injunctions

Injunctions

Keeping dogs under proper control

1

(1) A court may grant an injunction under this section against a person aged 10 or over (“the respondent”) if two conditions are met.

(2) The first condition is that the court is satisfied, on the balance of probabilities, that the respondent has engaged or threatens to engage in anti-social behaviour.

(3) The second condition is that the court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in anti-social behaviour.

(4) An injunction under this section may for the purpose of preventing the respondent from engaging in anti-social behaviour—

(a) prohibit the respondent from doing anything described in the injunction;

(b) require the respondent to do anything described in the injunction.

(5) Prohibitions and requirements in an injunction under this section must, so far as practicable, be such as to avoid—

(a) any interference with the times, if any, at which the respondent normally works or attends school or any other educational establishment;

(b) any conflict with the requirements of any other court order or injunction to which the respondent may be subject.

(6) An injunction under this section must—

(a) specify the period for which it has effect, or

(b) state that it has effect until further order.

In the case of an injunction granted before the respondent has reached the age of 18, a period must be specified and it must be no more than 12 months.

(7) An injunction under this section may specify periods for which particular prohibitions or requirements have effect.

(8) An application for an injunction under this section must be made to—

(a) a youth court, in the case of a respondent aged under 18;

(b) the High Court or the county court, in any other case.

Paragraph (b) is subject to any rules of court made under section 18(2).

Meaning of “anti-social behaviour”

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(1) In this Part “anti-social behaviour” means—

(a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person,

(b) conduct capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises, or

(2) Subsection (1)(b) applies only where the injunction under section 1 is applied for by—

(a) a housing provider,

(b) a local authority, or

(3) In subsection (1)(c) “housing-related” means directly or indirectly relating to the housing management functions of—

(a) a housing provider, or

(b) a local authority.

(4) For the purposes of subsection (3) the housing management functions of a housing provider or a local authority include—

(a) functions conferred by or under an enactment;

(b) the powers and duties of the housing provider or local authority as the holder of an estate or interest in housing accommodation.

Contents of injunctions

Requirements included in injunctions

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(1) An injunction under section 1 that includes a requirement must specify the person who is to be responsible for supervising compliance with the requirement.

The person may be an individual or an organisation.

(2) Before including a requirement, the court must receive evidence about its suitability and enforceability from—

(a) the individual to be specified under subsection (1), if an individual is to be specified;

(b) an individual representing the organisation to be specified under subsection (1), if an organisation is to be specified.

(3) Before including two or more requirements, the court must consider their compatibility with each other.

(4) It is the duty of a person specified under subsection (1)—

(a) to make any necessary arrangements in connection with the requirements for which the person has responsibility (the “relevant requirements”);

(b) to promote the respondent's compliance with the relevant requirements;

(i) has complied with all the relevant requirements, or

(ii) has failed to comply with a relevant requirement,

to inform the person who applied for the injunction and the appropriate chief officer of police.

(5) In subsection (4)(c) “the appropriate chief officer of police” means—

(a) the chief officer of police for the police area in which it appears to the person specified under subsection (1) that the respondent lives, or

(b) if it appears to that person that the respondent lives in more than one police area, whichever of the relevant chief officers of police that person thinks it most appropriate to inform.

(6) A respondent subject to a requirement included in an injunction under section 1 must—

(a) keep in touch with the person specified under subsection (1) in relation to that requirement, in accordance with any instructions given by that person from time to time;

(b) notify the person of any change of address.

These obligations have effect as requirements of the injunction.

Power of arrest

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(1) A court granting an injunction under section 1 may attach a power of arrest to a prohibition or requirement of the injunction if the court thinks that—

(a) the anti-social behaviour in which the respondent has engaged or threatens to engage consists of or includes the use or threatened use of violence against other persons, or

(b) there is a significant risk of harm to other persons from the respondent.

“Requirement” here does not include one that has the effect of requiring the respondent to participate in particular activities.

(2) If the court attaches a power of arrest, the injunction may specify a period for which the power is to have effect which is shorter than that of the prohibition or requirement to which it relates.

Applications for injunctions

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(1) An injunction under section 1 may be granted only on the application of—

(a) a local authority,

(b) a housing provider,

(d) the chief constable of the British Transport Police Force,

(e) Transport for London,

(ea) Transport for Greater Manchester,

(f) the Environment Agency,

(g) the Natural Resources Body for Wales,

(h) the Secretary of State exercising security management functions, or a Special Health Authority exercising security management functions on the direction of the Secretary of State, or

(i) the Welsh Ministers exercising security management functions, or a person or body exercising security management functions on the direction of the Welsh Ministers or under arrangements made between the Welsh Ministers and that person or body.

(2) In subsection (1) “security management functions” means—

(a) the Secretary of State's security management functions within the meaning given by section 195(3) of the National Health Service Act 2006;

(b) the functions of the Welsh Ministers corresponding to those functions.

(3) A housing provider may make an application only if the application concerns anti-social behaviour that directly or indirectly relates to or affects its housing management functions.

(4) For the purposes of subsection (3) the housing management functions of a housing provider include—

(a) functions conferred by or under an enactment;

(b) the powers and duties of the housing provider as the holder of an estate or interest in housing accommodation.

(5) The Secretary of State may by order—

(a) amend this section;

(b) amend section 20 in relation to expressions used in this section.

Applications without notice

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(1) An application for an injunction under section 1 may be made without notice being given to the respondent.

(2) If an application is made without notice the court must either—

(a) adjourn the proceedings and grant an interim injunction (see section 7), or

(b) adjourn the proceedings without granting an interim injunction, or

Interim injunctions

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(1) This section applies where the court adjourns the hearing of an application (whether made with notice or without) for an injunction under section 1.

(2) The court may grant an injunction under that section lasting until the final hearing of the application or until further order (an “interim injunction”) if the court thinks it just to do so.

(3) An interim injunction made at a hearing of which the respondent was not given notice may not have the effect of requiring the respondent to participate in particular activities.

(4) Subject to that, the court has the same powers (including powers under section 4) whether or not the injunction is an interim injunction.

Variation and discharge

Variation or discharge of injunctions

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(1) The court may vary or discharge an injunction under section 1 on the application of—

(a) the person who applied for the injunction, or

(b) the respondent.

(2) In subsection (1) “the court” means—

(a) the court that granted the injunction, except where paragraph (b) applies;

(b) the county court, where the injunction was granted by a youth court but the respondent is aged 18 or over.

(3) The power to vary an injunction includes power—

(a) to include an additional prohibition or requirement in the injunction, or to extend the period for which a prohibition or requirement has effect;

(b) to attach a power of arrest, or to extend the period for which a power of arrest has effect.

(4) If an application under this section is dismissed, the party by which the dismissed application was made may make no further application under this section without—

(a) the consent of the court, or

(b) the agreement of the other party.

(5) Section 3 applies to additional requirements included under subsection (3)(a) above as it applies to requirements included in a new injunction.

Breach of injunctions

Arrest without warrant

9

(1) Where a power of arrest is attached to a provision of an injunction under section 1, a constable may arrest the respondent without warrant if he or she has reasonable cause to suspect that the respondent is in breach of the provision.

(2) A constable who arrests a person under subsection (1) must inform the person who applied for the injunction.

(3) A person arrested under subsection (1) must, within the period of 24 hours beginning with the time of the arrest, be brought before—

(a) a judge of the High Court or a judge of the county court, if the injunction was granted by the High Court;

(b) a judge of the county court, if—

(i) the injunction was granted by the county court, or

(ii) the injunction was granted by a youth court but the respondent is aged 18 or over;

(4) In calculating when the period of 24 hours ends, Christmas Day, Good Friday and any Sunday are to be disregarded.

(5) The judge before whom a person is brought under subsection (3)(a) or (b) may remand the person if the matter is not disposed of straight away.

(6) The justice of the peace before whom a person is brought under subsection (3)(c) must remand the person to appear before the youth court that granted the injunction.

Issue of arrest warrant

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(1) If the person who applied for an injunction under section 1 thinks that the respondent is in breach of any of its provisions, the person may apply for the issue of a warrant for the respondent's arrest.

(2) The application must be made to—

(a) a judge of the High Court, if the injunction was granted by the High Court;

(b) a judge of the county court, if—

(i) the injunction was granted by the county court, or

(ii) the injunction was granted by a youth court but the respondent is aged 18 or over;

(3) A judge or justice may issue a warrant under this section only if the judge or justice has reasonable grounds for believing that the respondent is in breach of a provision of the injunction.

(4) A warrant issued by a judge of the High Court must require the respondent to be brought before that court.

(5) A warrant issued by a judge of the county court must require the respondent to be brought before that court.

(6) A warrant issued by a justice of the peace must require the respondent to be brought before—

(a) the youth court that granted the injunction, if the person is aged under 18;

(b) the county court, if the person is aged 18 or over.

(7) A constable who arrests a person under a warrant issued under this section must inform the person who applied for the injunction.

(8) If the respondent is brought before a court by virtue of a warrant under this section but the matter is not disposed of straight away, the court may remand the respondent.

Remands

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Schedule 1 (remands under sections 9 and 10) has effect.

Powers in respect of under-18s

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Schedule 2 (breach of injunctions: powers of court in respect of under-18s) has effect.

Exclusion from home

Power to exclude person from home in cases of violence or risk of harm

13

(1) An injunction under section 1 may have the effect of excluding the respondent from the place where he or she normally lives (“the premises”) only if—

(a) the respondent is aged 18 or over,

(b) the injunction is granted on the application of—

(i) a local authority,

(ii) the chief officer of police for the police area that the premises are in, or

(iii) if the premises are owned or managed by a housing provider, that housing provider, and

(i) the anti-social behaviour in which the respondent has engaged or threatens to engage consists of or includes the use or threatened use of violence against other persons, or

(ii) there is a significant risk of harm to other persons from the respondent.

(2) For the purposes of this section a housing provider owns a place if—

(a) the housing provider is a person (other than a mortgagee not in possession) entitled to dispose of the fee simple of the place, whether in possession or in reversion, or

(b) the housing provider is a person who holds or is entitled to the rents and profits of the place under a lease that (when granted) was for a term of not less then 3 years.

Supplemental

Requirements to consult etc

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(1) A person applying for an injunction under section 1 must before doing so—

(a) consult the local youth offending team about the application, if the respondent will be aged under 18 when the application is made;

(b) inform any other body or individual the applicant thinks appropriate of the application.

This subsection does not apply to a without-notice application.

(2) Where the court adjourns a without-notice application, before the date of the first on-notice hearing the applicant must—

(a) consult the local youth offending team about the application, if the respondent will be aged under 18 on that date;

(b) inform any other body or individual the applicant thinks appropriate of the application.

(3) A person applying for variation or discharge of an injunction under section 1 granted on that person's application must before doing so—

(a) consult the local youth offending team about the application for variation or discharge, if the respondent will be aged under 18 when that application is made;

(b) inform any other body or individual the applicant thinks appropriate of that application.

(4) In this section—

“local youth offending team” means—the youth offending team in whose area it appears to the applicant that the respondent lives, orif it appears to the applicant that the respondent lives in more than one such area, whichever one or more of the relevant youth offending teams the applicant thinks it appropriate to consult;

“on-notice hearing” means a hearing of which notice has been given to the applicant and the respondent in accordance with rules of court;

“without-notice application” means an application made without notice under section 6.

Appeals against decisions of youth courts

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(1) An appeal lies to the Crown Court against a decision of a youth court made under this Part.

(2) On an appeal under this section the Crown Court may make—

(a) whatever orders are necessary to give effect to its determination of the appeal;

(b) whatever incidental or consequential orders appear to it to be just.

(3) An order of the Crown Court made on an appeal under this section (other than one directing that an application be re-heard by the youth court) is to be treated for the purposes of section 8 as an order of the youth court.

Special measures for witnesses

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