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Anti-social Behaviour, Crime and Policing Act 2014

Status:

This is the original version (as it was originally enacted).

  1. Introductory Text

  2. PART 1 Injunctions

    1. Injunctions

      1. 1.Power to grant injunctions

      2. 2.Meaning of “anti-social behaviour”

    2. Contents of injunctions

      1. 3.Requirements included in injunctions

      2. 4.Power of arrest

    3. Applications for injunctions

      1. 5.Applications for injunctions

      2. 6.Applications without notice

    4. Interim injunctions

      1. 7.Interim injunctions

    5. Variation and discharge

      1. 8.Variation or discharge of injunctions

    6. Breach of injunctions

      1. 9.Arrest without warrant

      2. 10.Issue of arrest warrant

      3. 11.Remands

      4. 12.Powers in respect of under-18s

    7. Exclusion from home

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

    8. Supplemental

      1. 14.Requirements to consult etc

      2. 15.Appeals against decisions of youth courts

      3. 16.Special measures for witnesses

      4. 17.Children and young persons: disapplication of reporting restrictions

      5. 18.Rules of court

      6. 19.Guidance

      7. 20.Interpretation etc

      8. 21.Saving and transitional provision

  3. PART 2 Criminal behaviour orders

    1. Criminal behaviour orders

      1. 22.Power to make orders

      2. 23.Proceedings on an application for an order

      3. 24.Requirements included in orders

      4. 25.Duration of order etc

    2. Interim orders

      1. 26.Interim orders

    3. Variation and discharge

      1. 27.Variation or discharge of orders

    4. Review of orders (under-18s)

      1. 28.Review of orders

      2. 29.Carrying out and participating in reviews

    5. Breach of orders

      1. 30.Breach of order

    6. Supplemental

      1. 31.Special measures for witnesses

      2. 32.Guidance

      3. 33.Saving and transitional provision

  4. PART 3 Dispersal powers

    1. 34.Authorisations to use powers under section 35

    2. 35.Directions excluding a person from an area

    3. 36.Restrictions

    4. 37.Surrender of property

    5. 38.Record-keeping

    6. 39.Offences

    7. 40.Powers of community support officers

    8. 41.Guidance

    9. 42.Saving and transitional provision

  5. PART 4 Community protection

    1. CHAPTER 1 Community protection notices

      1. Community protection notices

        1. 43.Power to issue notices

        2. 44.Occupiers of premises etc

        3. 45.Occupier or owner unascertainable

        4. 46.Appeals against notices

      2. Failure to comply with notice

        1. 47.Remedial action by local authority

        2. 48.Offence of failing to comply with notice

        3. 49.Remedial orders

        4. 50.Forfeiture of item used in commission of offence

        5. 51.Seizure of item used in commission of offence

        6. 52.Fixed penalty notices

      3. Who may issue notices

        1. 53.Authorised persons

      4. Supplemental

        1. 54.Exemption from liability

        2. 55.Issuing of notices

        3. 56.Guidance

        4. 57.Interpretation of Chapter 1

        5. 58.Saving and transitional provision

    2. CHAPTER 2 Public spaces protection orders

      1. Public spaces protection orders

        1. 59.Power to make orders

        2. 60.Duration of orders

        3. 61.Variation and discharge of orders

      2. Prohibition on consuming alcohol

        1. 62.Premises etc to which alcohol prohibition does not apply

        2. 63.Consumption of alcohol in breach of prohibition in order

      3. Restrictions on public rights of way

        1. 64.Orders restricting public right of way over highway

        2. 65.Categories of highway over which public right of way may not be restricted

      4. Validity of orders

        1. 66.Challenging the validity of orders

      5. Failure to comply with orders

        1. 67.Offence of failing to comply with order

        2. 68.Fixed penalty notices

      6. Supplemental

        1. 69.Powers of community support officers

        2. 70.Byelaws

        3. 71.Bodies other than local authorities with statutory functions in relation to land

        4. 72.Convention rights, consultation, publicity and notification

        5. 73.Guidance

        6. 74.Interpretation of Chapter 2

        7. 75.Saving and transitional provision

    3. CHAPTER 3 Closure of premises associated with nuisance or disorder etc

      1. Closure notices

        1. 76.Power to issue closure notices

        2. 77.Duration of closure notices

        3. 78.Cancellation or variation of closure notices

        4. 79.Service of notices

      2. Closure orders

        1. 80.Power of court to make closure orders

        2. 81.Temporary orders

        3. 82.Extension of closure orders

        4. 83.Discharge of closure orders

      3. Appeals

        1. 84.Appeals

      4. Enforcement

        1. 85.Enforcement of closure orders

        2. 86.Offences

      5. Supplemental

        1. 87.Access to other premises

        2. 88.Reimbursement of costs

        3. 89.Exemption from liability

        4. 90.Compensation

        5. 91.Guidance

        6. 92.Interpretation of Chapter 3

        7. 93.Saving and transitional provision

  6. PART 5 Recovery of possession of dwelling-houses: anti-social behaviour grounds

    1. Absolute ground for possession: secure tenancies

      1. 94.New ground for serious offences or breach of prohibitions etc

      2. 95.Notice requirements for new ground

      3. 96.Review requirements for new ground

    2. Absolute ground for possession: assured tenancies

      1. 97.Corresponding new ground and notice requirements for assured tenancies

    3. Discretionary grounds: secure and assured tenancies

      1. 98.Conduct causing nuisance to landlord etc

      2. 99.Offences connected with riot

    4. Supplemental

      1. 100.Restrictions where new possession proceedings in progress etc

  7. PART 6 Local involvement and accountability

    1. Community remedies

      1. 101.The community remedy document

      2. 102.Anti-social behaviour etc: out-of-court disposals

      3. 103.Criminal behaviour: conditional cautions

    2. Response to complaints about anti-social behaviour

      1. 104.Review of response to complaints

      2. 105.ASB case reviews: interpretation

  8. PART 7 Dangerous dogs

    1. 106.Keeping dogs under proper control

    2. 107.Whether a dog is a danger to public safety

  9. PART 8 Firearms

    1. 108.Offence of possessing firearm for supply etc

    2. 109.Functions of Scottish Ministers under Firearms Acts

    3. 110.Possession of firearms by persons previously convicted of crime

    4. 111.Increased penalty for improper importation of firearms etc

    5. 112.British Transport Police: Crown status under Firearms Act 1968

  10. PART 9 Protection from sexual harm and violence

    1. Protection from sexual harm

      1. 113.Sexual harm prevention orders and sexual risk orders, etc

      2. 114.Saving and transitional provision

      3. 115.Use of premises for child sex offences

    2. Child sexual exploitation at hotels

      1. 116.Information about guests at hotels believed to be used for child sexual exploitation

      2. 117.Appeals against notices under section 116

      3. 118.Offences

    3. Violent offending

      1. 119.Violent offender orders

  11. PART 10 Forced marriage

    1. 120.Offence of breaching forced marriage protection order

    2. 121.Offence of forced marriage: England and Wales

    3. 122.Offence of forced marriage: Scotland

  12. PART 11 Policing etc

    1. College of Policing

      1. 123.Regulations to be prepared or approved by the College

      2. 124.Codes of practice issued by the College

      3. 125.Guidance by the College about employment of civilian staff

      4. 126.Power to give directions to the College

      5. 127.Charging of fees by the College

      6. 128.Appointment of senior police officers as staff of the College

      7. 129.Disclosure of information to the College

      8. 130.The College and the IPCC

    2. Review bodies for police remuneration etc

      1. 131.Abolition of Police Negotiating Board for the United Kingdom

      2. 132.Establishment of Police Remuneration Review Body

      3. 133.Consultation about regulations: England and Wales

      4. 134.Consultation about regulations: Northern Ireland

    3. Independent Police Complaints Commission

      1. 135.Application of IPCC provisions to contractors

      2. 136.Application to IPCC of provisions about investigation of offences

      3. 137.Provision of information to IPCC

      4. 138.Unsatisfactory performance procedures following investigation of death or serious injury matter

      5. 139.Recommendations by IPCC and requirement to respond

    4. Chief officers of police and local policing bodies

      1. 140.Appointment of chief officers of police

      2. 141.Financial arrangements etc for chief officers of police

      3. 142.Grants to local policing bodies

      4. 143.Powers of local policing bodies to provide or commission services

    5. Personal samples and DNA profiles

      1. 144.Power to take further fingerprints or non-intimate samples

      2. 145.Power to retain fingerprints or DNA profile in connection with different offence

      3. 146.Retention of personal samples that are or may be disclosable

    6. Miscellaneous

      1. 147.Powers to seize invalid passports etc

      2. 148.Port and border controls

      3. 149.Inspection of Serious Fraud Office

      4. 150.Jurisdiction of Investigatory Powers Tribunal over Surveillance Commissioners

      5. 151.Fees for criminal record certificates etc

      6. 152.Powers of community support officers

      7. 153.Use of amplified noise equipment in vicinity of the Palace of Westminster

      8. 154.Littering from vehicles

  13. PART 12 Extradition

    1. Amendments of the Extradition Act 2003

      1. 155.Date of extradition hearing

      2. 156.Extradition barred if no prosecution decision in requesting territory

      3. 157.Proportionality

      4. 158.Hostage-taking considerations

      5. 159.Request for temporary transfer etc

      6. 160.Appeals

      7. 161.Judge informed after extradition hearing or order that person is charged with offence or serving sentence in United Kingdom

      8. 162.Asylum etc

      9. 163.Consent to extradition not to be taken as waiver of speciality rights

      10. 164.Definition of “extradition offence”

      11. 165.Extradition to the United Kingdom to be sentenced or to serve a sentence

      12. 166.Detention of extradited person for trial in England and Wales for other offences

      13. 167.Proceedings on deferred warrant or request etc

      14. 168.Non-UK extradition: transit through the United Kingdom

      15. 169.Extradition to a territory that is party to an international Convention

      16. 170.Electronic transmission of European arrest warrant etc

    2. Time spent in custody awaiting extradition to the United Kingdom

      1. 171.Discount on sentence for time spent in custody awaiting extradition: England and Wales

      2. 172.Discount on sentence for time spent in custody awaiting extradition: Scotland

      3. 173.Discount on sentence for time spent in custody awaiting extradition: Northern Ireland

    3. Procedure rules

      1. 174.Criminal Procedure Rules to apply to extradition proceedings etc

  14. PART 13 Criminal justice and court fees

    1. 175.Compensation for miscarriages of justice

    2. 176.Low-value shoplifting

    3. 177.Abolition of defence of marital coercion

    4. 178.Protection arrangements for persons at risk

    5. 179.Surcharges: imprisonment in default and remission of fines

    6. 180.Court and tribunal fees

  15. PART 14 General

    1. 181.Amendments

    2. 182.Orders and regulations

    3. 183.Financial provision

    4. 184.Extent

    5. 185.Commencement

    6. 186.Short title

  16. SCHEDULES

    1. SCHEDULE 1

      Remands under sections 9 and 10

      1. 1.Introductory

      2. 2.Remand in custody or on bail

      3. 3.(1) Where a person is remanded on bail, the judge...

      4. 4.(1) The judge or the court may not remand a...

      5. 5.Remand for medical examination and report

      6. 6.(1) If the judge or the court—

      7. 7.Further remand

      8. 8.Postponement of taking recognizance

      9. 9.Requirements imposed on remand on bail

    2. SCHEDULE 2

      Breach of injunctions: powers of court in respect of under-18s

      1. PART 1 Introductory

        1. 1.Power to make supervision order or detention order

      2. PART 2 Supervision orders

        1. 2.Supervision orders

        2. 3.Supervision requirements

        3. 4.Activity requirements

        4. 5.Curfew requirements

        5. 6.Electronic monitoring requirements

        6. 7.“Responsible officer”

        7. 8.Amendment of operative period

        8. 9.Amendment on change of area of residence

        9. 10.Revocation of supervision order

        10. 11.Compliance with supervision order

        11. 12.Non-compliance with supervision order

        12. 13.Copies of supervision order etc

      3. PART 3 Detention orders

        1. 14.Detention orders

        2. 15.Revocation of detention order

    3. SCHEDULE 3

      Schedule to be inserted as Schedule 2A to the Housing Act 1985

    4. SCHEDULE 4

      ASB case reviews: supplementary provision

      1. PART 1 Making and revising review procedures etc

        1. 1.Consultation: local policing bodies

        2. 2.Consultation: local providers of social housing

        3. 3.Dissatisfaction with ASB case reviews

        4. 4.Assessment and revision of review procedures

      2. PART 2 Inclusion of local providers of social housing among relevant bodies

        1. 5.Co-option arrangements

      3. PART 3 ASB case reviews

        1. 6.Consultation and co-operation: local providers of social housing

        2. 7.Information

      4. PART 4 General

        1. 8.Joint review procedures or co-option arrangements

        2. 9.Different review procedures or co-option arrangements for different parts of an area etc

    5. SCHEDULE 5

      Amendments of Parts 2 and 3 of the Sexual Offences Act 2003

      1. 1.Introduction

      2. 2.Sexual harm prevention orders

      3. 3.Sexual offences prevention orders and foreign travel orders

      4. 4.Sexual risk orders

      5. 5.Risk of sexual harm orders

      6. 6.Application etc of orders

      7. 7.Service courts

    6. SCHEDULE 6

      Amendments of Part 2A of the Sexual Offences Act 2003

      1. 1.Part 2A of the Sexual Offences Act 2003 (closure orders)...

      2. 2.(1) Section 136A (meaning of specified prostitution offence etc) is...

      3. 3.In section 136B (power to authorise issue of closure notice),...

      4. 4.After that section there is inserted— Power to authorise issue...

      5. 5.(1) Section 136C (contents and service of closure notice) is...

      6. 6.(1) Section 136D (power to make a closure order) is...

      7. 7.In section 136H (applications for extension of closure order), in...

      8. 8.In section 136I (orders extending closure orders), in subsection (2),...

      9. 9.In section 136J (discharge of closure order), in subsection (3),...

      10. 10.In section 136O (compensation), in subsection (5)(a), after “section 136B”...

      11. 11.(1) Section 136R (interpretation) is amended as follows.

    7. SCHEDULE 7

      Schedule to be inserted as Schedule 4B to the Police Act 1996

    8. SCHEDULE 8

      Powers to seize invalid passports etc

      1. 1.Interpretation

      2. 2.Powers of search and seizure etc: ports

      3. 3.Powers of search and seizure etc: constables

      4. 4.Retention or return of documents seized

      5. 5.Offences

      6. 6.An examining officer, other than a constable, exercising a power...

    9. SCHEDULE 9

      Port and border controls

      1. 1.Examining officers

      2. 2.Time limits on examination without detention and on detention

      3. 3.Powers to search persons

      4. 4.Power to make and retain copies

      5. 5.Right of person detained under Schedule 7 to have someone informed and to consult a solicitor

      6. 6.Biometrics

      7. 7.Review of detention under Schedule 7

      8. 8.Codes of practice

    10. SCHEDULE 10

      Powers of community support officers

      1. 1.Introduction

      2. 2.Additional powers to issue fixed penalty notices

      3. 3.Powers to issue fixed penalty notices: consultation with local authorities

      4. 4.General power of seizure

      5. 5.Powers with regard to charity collectors

      6. 6.Power to stop cycles

    11. SCHEDULE 11

      Minor and consequential amendments

      1. PART 1 Amendments relating to Parts 1 to 6

        1. 1.Magistrates’ Courts Act 1980 (c. 43)

        2. 2.Housing Act 1980 (c. 51)

        3. 3.Highways Act 1980 (c. 66)

        4. 4.Police and Criminal Evidence Act 1984 (c. 60)

        5. 5.Prosecution of Offences Act 1985 (c. 23)

        6. 6.Housing Act 1985 (c. 68)

        7. 7.(1) Section 83 of that Act (proceedings for possession or...

        8. 8.(1) Section 83A of that Act (additional requirements in relation...

        9. 9.(1) Section 84 of that Act (grounds and orders for...

        10. 10.In the heading of section 85A of that Act (proceedings...

        11. 11.(1) Section 121A of that Act (order suspending right to...

        12. 12.(1) In Schedule 1 to that Act (tenancies which are...

        13. 13.In Part 5 of Schedule 2 to that Act (approval...

        14. 14.In Schedule 3 to that Act (grounds for withholding consent...

        15. 15.(1) In that Schedule, Ground 2A is amended as follows....

        16. 16.After Ground 2A in that Schedule there is inserted— Ground...

        17. 17.Housing Act 1988 (c. 50)

        18. 18.(1) Section 7 of that Act (orders for possession) is...

        19. 19.In the heading of section 9A of that Act (proceedings...

        20. 20.In Schedule 1 to that Act (tenancies which cannot be...

        21. 21.Environmental Protection Act 1990 (c. 43)

        22. 22.Housing Act 1996 (c. 52)

        23. 23.In section 218A of that Act (anti-social behaviour: landlords’ policies...

        24. 24.Crime and Disorder Act 1998 (c. 37)

        25. 25.(1) Section 8 of that Act (parenting orders) is amended...

        26. 26.(1) Section 9 of that Act (parenting orders: supplemental) is...

        27. 27.(1) Section 18 of that Act (interpretation etc) is amended...

        28. 28.In section 38 of that Act (local provision of youth...

        29. 29.In section 114 of that Act (orders and regulations), in...

        30. 30.Criminal Justice and Police Act 2001 (c. 16)

        31. 31.Police Reform Act 2002 (c. 30)

        32. 32.In Part 1 of Schedule 4 to that Act (powers...

        33. 33.In Schedule 5 to that Act (powers exercisable by accredited...

        34. 34.Licensing Act 2003 (c. 17)

        35. 35.(1) Section 167 of that Act (review of premise licence...

        36. 36.In section 168 of that Act (provisions about decisions under...

        37. 37.Section 169 of that Act (enforcement of closure order) is...

        38. 38.(1) Section 170 of that Act (exemption of police from...

        39. 39.(1) Section 171 of that Act (interpretation of Part 8)...

        40. 40.In Schedule 3 to that Act (matters to be entered...

        41. 41.Anti-social Behaviour Act 2003 (c. 38)

        42. 42.Clean Neighbourhoods and Environment Act 2005 (c. 16)

        43. 43.Government of Wales Act 2006 (c. 32)

        44. 44.Violent Crime Reduction Act 2006 (c. 38)

        45. 45.Section 27 of that Act (directions to individuals who represent...

        46. 46.Crime and Security Act 2010 (c. 17)

        47. 47.Localism Act 2011 (c. 20)

        48. 48.After paragraph 6 of that Schedule there is inserted— Ground...

        49. 49.Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)

        50. 50.Repeal of spent provisions etc

      2. PART 2 Amendments relating to Part 9

        1. 51.Criminal Procedure (Scotland) Act 1995 (c. 46)

        2. 52.In section 19AB of that Act (supplementary provision in risk...

        3. 53.Police Act 1997 (c. 50)

        4. 54.(1) Section 113CB of that Act (suitability information relating to...

        5. 55.Crime and Disorder Act 1998 (c. 37)

        6. 56.Sexual Offences Act 2003 (c. 42)

        7. 57.In section 89 of that Act (young offenders: parental directions),...

        8. 58.In section 91A of that Act (review of indefinite notification...

        9. 59.In the cross-heading before section 104 of that Act (sexual...

        10. 60.In section 108 of that Act (SOPOs: variations, renewals and...

        11. 61.In section 109 of that Act (interim SOPOs), in subsection...

        12. 62.(1) Section 110 of that Act (SOPOs and interim SOPOs:...

        13. 63.(1) Section 113 of that Act (offence: breach of SOPO...

        14. 64.In the cross-heading before section 114 of that Act (foreign...

        15. 65.(1) Section 117A of that Act (foreign travel orders: surrender...

        16. 66.In section 117B of that Act (surrender of passports: Scotland),...

        17. 67.(1) Section 119 of that Act (foreign travel orders: appeals)...

        18. 68.(1) Section 122 (offence: breach of foreign travel order) is...

        19. 69.In the cross-heading before section 123 of that Act, after...

        20. 70.(1) Section 123 of that Act (risk of sexual harm...

        21. 71.(1) Section 125 (RSHOs: variation, renewals and discharges) is amended...

        22. 72.In section 126 (interim RSHOs), in subsection (2)(b), for “the...

        23. 73.(1) Section 127 (RSHOs and interim RSHOs) is amended as...

        24. 74.(1) Section 128 (offence: breach of RSHO or interim RSHO)...

        25. 75.(1) Section 129 (effect of conviction etc of an offence...

        26. 76.(1) Section 133 of that Act (Part 2: general interpretation)...

        27. 77.In section 136 of that Act (Part 2: Northern Ireland),...

        28. 78.Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)

        29. 79.(1) Section 8 of that Act (effect of conviction etc...

        30. 80.Violent Crime Reduction Act 2006 (c. 38)

        31. 81.Armed Forces Act 2006 (c. 52)

        32. 82.Armed Forces Act 2011 (c. 18)

      3. PART 3 Amendments relating to Part 11

        1. 83.House of Commons Disqualification Act 1975 (c. 24)

        2. 84.Police Pensions Act 1976 (c. 35)

        3. 85.(1) Section 11 of that Act (interpretation) is amended as...

        4. 86.Police and Criminal Evidence Act 1984 (c. 60)

        5. 87.Police Act 1996 (c. 16)

        6. 88.In section 97 of that Act (police officers engaged on...

        7. 89.In section 105 of that Act (extent), in subsection (3),...

        8. 90.Police Act 1997 (c. 50)

        9. 91.Police (Northern Ireland) Act 2000 (c. 32)

        10. 92.Freedom of Information Act 2000 (c. 36)

        11. 93.Police Reform Act 2002 (c. 30)

        12. 94.In section 39 (police powers for contracted-out staff), subsections (9)...

        13. 95.(1) Schedule 3 to that Act (handling of complaints and...

        14. 96.Equality Act 2010 (c. 15)

        15. 97.Police Reform and Social Responsibility Act 2011 (c. 13)

        16. 98.Section 9 of that Act (crime and disorder reduction grants)...

        17. 99.In Schedule 2 to that Act (chief constables), paragraph 7(3)...

        18. 100.In Schedule 4 to that Act (Commissioner of Police of...

        19. 101.Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602)

        20. 102.Repeal or revocation of spent provisions etc

      4. PART 4 Amendments relating to Part 12

        1. 103.Prison Act (Northern Ireland) 1953 (c. 18)

        2. 104.Extradition Act 2003 (c. 41)

        3. 105.(1) Section 21 of that Act (human rights) is amended...

        4. 106.In section 26 of that Act (appeal against extradition order:...

        5. 107.In section 28 of that Act (appeal against discharge at...

        6. 108.In section 35 of that Act (extradition where there is...

        7. 109.In section 36 of that Act (extradition following appeal), after...

        8. 110.In section 66 of that Act (supplementary provision for the...

        9. 111.In section 103 of that Act (appeal where case sent...

        10. 112.In section 105 of that Act (appeal against discharge at...

        11. 113.(1) Section 108 of that Act (appeal against extradition order:...

        12. 114.In section 110 of that Act (appeal against discharge by...

        13. 115.In section 117 of that Act (extradition where there is...

        14. 116.In section 118 of that Act (extradition following appeal), after...

        15. 117.In section 137 (definition of extradition offence for the purposes...

        16. 118.In section 138 (definition of extradition offence for the purposes...

        17. 119.(1) Section 197 of that Act (custody) is amended as...

        18. 120.(1) Section 204 of that Act (warrant issued by category...

        19. 121.(1) Section 216 of that Act (interpretative provisions) is amended...

        20. 122.In section 223 of that Act (orders and regulations), in...

        21. 123.In section 226 of that Act (extent), in subsection (2),...

        22. 124.In Part 1 of Schedule 1 to that Act (re-extradition:...

      5. PART 5 Amendments consequential on establishment of Police Service of Scotland

        1. 125.Terrorism Act 2000 (c. 11)

        2. 126.Counter-Terrorism Act 2008 (c. 28)

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