Crime & anti-social behaviour: a legal update

Jan Luba QC

Housing Team

Garden Court Chambers

Anti-social Behaviour Act 2014: using the new tools

• PART 1 Injunctions• PART 2 Criminal Behaviour Orders• PART 3 Dispersal powers• PART 4 Community protection (incl.

closure orders)• PART 5 Recovery of possession on

anti-social behaviour grounds• PART 6 Local involvement &

accountability• PART 7 Dangerous dogs

Using official guidance

• Home Office Guidance (July 2014)• Anti-social Behaviour, Crime and

Policing Act 2014: Reform of anti-social behaviour powers: Statutory guidance for frontline professionals

• Youth Justice Board for England and Wales Guidance (November 2014)

• Interim YOT Practitioner’s Guide: Anti-Social Behaviour, Crime and Policing Act 2014

Using the other guidance • The CIH: “What you need to know about the

ASB Act 2014” series…• the ASB injunctions• closure powers • public spaces protection orders • grounds for possession • community remedy • dispersal powers • community trigger • community protection notices

• The Local Government Association: “The Anti-social Behaviour … Act 2014: Implementing the community trigger”

The new Part 1 Injunctions

• In force from 23 March 2015

• Using interim injunctions: Bedfordshire Police v Golding (30 June 2015)

• The new dimension: positive requirements (e.g. Golding Homes, Regenda Homes and others): see A new direction (Inside Housing, 5 June 2015).

Using other injunctions

• Serious Crime Act 2015 – new approach to gang injunctions in force 1 June 2015

• Statutory Guidance Injunctions to Prevent Gang-Related Violence and Gang-Related Drug Dealing (Home Office, June 2015)

• Youth Justice Legal Centre Anti-gang injunctions (June 2015)

• Using and enforcing them: James v HM Prison Birmingham (9 February 2015)

Greater Manchester Police v Calder (14 January 2015)

Breach of Injunction

• Contempt = Committal application (using new CPR 81)

• “the [defendants] must understand, to put it bluntly, that while it is one thing to put two fingers up to the planning system, it is quite another thing to put two fingers up to the court. People who do that tend to get put inside unless there is a very good reason not

to do so” Dunn

• 1st breach: suspended sentence• 2nd breach: into prison• Seeing the results:

• https://www.judiciary.gov.uk/subject/contempt-of-court/

Criminal Behaviour Order

• The old ‘on-conviction’ ASBO• Re-born as “CBO” on 20 October 2014• Guidance on cases already ‘in the stystem’

and on CBO terms in ‘drugs’ cases:

R v Onur Simsek (4 June 2015)• “The legislative language is a shade less

clear than it was under the purely prohibitory regime of the 1998 Act”

DPP v Bulmer (31 July 2015)

Possession claims• Changes to discretionary grounds • New “absolute grounds” for

possession. (e.g. Yarlington Housing)• In practice?

Absolute Grounds for Possession – Guidance for Practitioners (Surrey Anti Social Behaviour Strategy Group)

The new Anti-social Behaviour Act 2014 what it means for landlords and tenants: Parts 1 and 2 (J. Luba)

[2014] Vol 18 L. & T. Review pp 87 and 165

Public spaces protection orders

• PSPOs…• “are intended to deal with a particular nuisance

or problem in a particular area that is detrimental to the local community’s qualify of life, by imposing conditions on the use of that area which apply to everyone. The order could also be used to deal with likely future problems”

• In practice:• Dover DC (dog control, whole district)• Slough BC (drugs, access)• Newport CC (city centre, drink, begging)

Useful summaries (1)

Anti-social behaviour- new provisions•(February 2015) Commons Library Standard Note SN06950

Anti-social behaviour in social housing (March 2015) CLS Note SN00264

•an overview of the remedies available to social landlords to deal with tenants who exhibit anti-social behaviour.

Anti-social behaviour in private housing (June 2015) CLS Note SN01012

•the legal position and potential remedies available where perpetrators are tenants of private landlords or owner-occupiers

Useful summaries (2)

Litter (July 2015) Commons Library Standard Note SN06984

•what the public and local groups can do to combat litter and the penalties available under current legislation to the enforcing authorities.

Dangerous Dogs(June 2015) CLS Note SN04348

•An overview of dangerous dogs legislation and including the Anti-social Behaviour, Crime and Policing Act 2014.

Keeping up to date

• Recent Developments in Housing Law – monthly in Legal Action magazine

• Housing Law Week - weekly• Twitter - @JanLubaQC - daily