Anti-social behaviour order (ASBO) An anti-social behaviour order (ASBO) is a civil order that protects the public from behaviour that causes, or is likely to cause harassment, alarm or distress. An ABC is a written agreement between a person who has been involved in anti-social behaviour and one or more local agencies who are responsible for preven As per the Section One of the Crime and Disorder Act a notion was developed that people who created a nuisance whereby their behaviour was considered as anti-social, for example a person started acting in an anti social way when the Act was commenced and his/her behaviour affects one or more person or if a person behaves in such a manner that it causes harassment to the other people in the society which in turn leads to other anti-social behaviour · Antisocial Behaviour In Britain antisocial behaviour between young people is a widely argued subject in the British media. More and more Brits at the age are dropping out of school or work-based training and refuse to return. These young people are more than likely to face criminal action possibly leading to a fine or community sentence
Anti-Social Behaviour | blogger.com
We use cookies to give you the best experience possible. Noise is a constant source of complaints in many areas. The definition, which seems to cover all aspects of anti-social behaviour is that provided in the Crime and Disorder Act Anti-social behaviour is any behaviour that causes or is likely cause harassment, alarm or distress to one or more persons not of the same household as the perpetrator. It is a problem, which crosses all types of tenure, and therefore social and private rented tenants as well as owner-occupiers are all vulnerable.
In recent years, the government has recognised the problems caused by the anti-social behaviour of an unreasonable few.
In this assignment I intend to identify the remedies available to Landlords in order to deal with anti-social behaviour. The first government proposals addressing the issue of anti-social behaviour were contained in the Department of Environment consultation paper entitled Anti-Social Behaviour on Council Estates: Consultation Paper on Probationary Tenancies DoE, The Conservative Party proposals were translated into legislation in the Housing Act and contained three main elements to tackle the issue of neighbour nuisance in the social rented sector, anti social behaviour essay.
This type of tenancy is designed to ensure that new tenants do not cause nuisance or annoyance to neighbours or anyone in the locality. There is no requirement to prove any ground for possession, nor is there any discretion on the part of the judge. Certain procedural requirements, including offering an internal review of the decision, must be completed before possession can be sought in the Court.
The introductory tenancy lasts twelve months and providing possession proceedings have not been commenced, converts automatically to a secure tenancy after this time. Tenants of social landlords are generally either secure or assured and as a result are subject to the provisions of either the Housing Act or the Anti social behaviour essay Act Both Acts contain two relevant grounds and landlords can make use of the Courts in order to take action against any tenant for a breach of the tenancy and a specific ground relating to nuisance and illegal behaviour.
The grounds 2 in the Act and 14 in the Act were extended by the Housing Act The anti social behaviour essay made four main changes:. It would seem from research available that for serious cases of anti-social behaviour most landlords use the traditional remedy of seeking possession for breach of tenancy conditions.
Injunctions are another tool available to landlords. Section of the Housing Act,provides for application for an injunction against any persons not just tenants to prohibit that person from committing or threatening to commit violence.
A power of arrest may be attached and the police may arrest immediately, without reference to the Court. Section of the Housing Act, anti social behaviour essay,allows the Court to grant an injunction and attach a power of arrest to one or more provisions of the injunction, in relation to an injunction concerning the breach or anticipated breach of a tenancy condition, again in cases of violence or threatened violence. likelihood of repetition required.
Injunctions may be obtained against children in exceptional circumstances. The problem is that there is a lack of suitable means of punishment for breach. The leading case is Wookey v Wookey; Re: S a minor [] 3 WLR [] 3 ALL ER The Crime and Disorder Act CDA established the Local Crime and Disorder Reduction Partnerships.
The principle partners are police and the local anti social behaviour essay. The Act also introduced a number of measures, which can be used by social landlords to contain anti-social behaviour. The most commonly used out of the above is the Anti-social behaviour order, which the police or local authority can apply for s1 1 but they must consult first s1 2.
In deciding whether a defendant has acted in an anti-social manner, the Court must disregard behaviour that is shown to be reasonable in the circumstances s1 5. If the necessary conditions are proved then the Court may make an ASBO, which prohibits the defendant from doing anything that the Court considered necessary for the purpose of protecting persons in the area from further anti-social acts by the defendant, anti social behaviour essay.
This could include banning defendants from a particular area for some or all of the time, anti social behaviour essay, e. between 6pm and midnight. The order will have a minimum duration of 2 years, anti social behaviour essay varied or discharged s1 7 7 8. It cannot be discharged in less than two years without the consent of both parties s1 9, anti social behaviour essay.
If the person who is subject to the order is under 21 these powers are limited and affected by provisions anti social behaviour essay the Crime and Disorder Act. However, the power of the Court to conditionally discharge those convicted is explicitly excluded by section 1 Daniel Collins anti social behaviour essay an article, which appeared in the New Law Journal on 15th Junereported that the Courts had made the task of the local authority in obtaining an ASBO simpler by following three earlier decisions.
Firstly, in Regina v Manchester Crown Court, ex parte McCann and Others, the Court of Appeal confirmed that proceedings to obtain such an order were civil and, as such, not subject to the stricter criminal rules of evidence; a balance of probabilities test would be applied upon application. The rationale is clear — the overriding purpose of this Act would be defeated if strict criminal rules were applicable.
Whereas intimidation of victims might previously have been an obstacle to witness testimony, this should no longer be the case. Further clarification has more recently been provided by Clingham v Kensington and Anti social behaviour essay London Borough Council. Here it was held that hearsay evidence comprising statements made by persons not available for cross-examination could also be included as evidence in any application.
In essence, therefore, anti social behaviour essay, we have a civil piece of legislation providing criminal sanctions upon breach, anti social behaviour essay. The government appear to have gone some way in addressing this problem and in their consultation paper Tackling Anti-Social Tenants proposes giving landlords sweeping powers to evict unruly tenants. The proposals coincide with changes in the Police Reform Bill, which received Royal Assent on 24th July At the moment only the police or local authority have this power.
The Homelessness Act — includes powers to enable local authorities to decide that an application for housing has been guilty of unacceptable behaviour serious enough to make him or her an unsuitable tenant, anti social behaviour essay.
The Noise Act — Intended to provide swift resolution to certain types of noise nuisance. Protection from Harassment Act — Anti social behaviour essay this Act was brought in primarily to deal with the issue of stalking, its provisions can be used to deal with problems of harassment including racial harassment on housing estates.
They are seen as a way in which local authorities can intervene at an early stage to stop the behaviour and to warn the family of possible repercussions should the behaviour continue. These types of contracts are aimed at year olds, although it is flexible.
They are not legally binding but can be cited in Civil Court for an application for a Possession Order or at a Magistrates Court in support of an ASBO.
When a landlord is intending to take action for anti-social behaviour they must take into account the provisions contained within the Human Rights Actin particular:. Social landlords must show, if challenged, that they have considered the options available to them that their aim is legitimate and the action is necessary and proportionate.
It is recommended that for each case a human rights audit be completed. The impact of Article 8, and in particular the need for action by authorities to be proportional was considered in Lambeth L. v Howard [] 33 HLR 58, C. In an article published in the Legal Executive in MarchDaniel Collins reported that in this case the Court had no hesitation in finding that an outright possession order was necessary in order to uphold the law and pursue the legitimate aim of protection of the rights and freedom of others.
There is an argument that all efforts should be made to rehabilitate the offenders as evicting a family is only moving the problem somewhere else, anti social behaviour essay. However, not everyone guilty of anti-social behaviour can be or is willing to be rehabilitated, therefore, eviction must also be a remedy for landlords to ensure that their estates do not become no go areas and that the innocent residents can have peace of mind and feel safe in their homes, without the fear of violence and intimidation.
As shown in this assignment there are legal remedies available to landlords in order for them to take action against anti-social tenants, however, they should not see legal remedies as their anti social behaviour essay way of solving the problem.
As with anything, prevention is better than cure and this should be the basis of their housing management practice.
The actions of landlords have an impact on their tenants and the way in which they behave. If tenants are given an opportunity to become involved in the decisions that affect anti social behaviour essay they will have a greater sense of ownership. Nevertheless, there will always be the minority who do not wish to take responsibility for the area in which they live or the wider community. Therefore, anti social behaviour essay, landlords must have the policies and procedures in place to deal with reports of anti-social behaviour effectively and efficiently.
They should also bear in mind liability for third party nuisance. A local authority may be found liable for nuisance if they fail to take any action. In this case the authority failed to take any action for five years. Sorry, but copying text is forbidden on this website. If you need this or any other sample, we can send it to you via email. By clicking "SEND", you agree to our terms of service and privacy policy. We'll occasionally send you account related and promo emails.
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Pages: Word count: Category: Download Essay. A limited time offer! Get a custom sample essay written according to your requirements urgent 3h delivery guaranteed Order Now. The definition, which seems to cover all aspects of anti-social behaviour is that provided in the Crime and Disorder Act Anti-social behaviour is any behaviour that causes or is likely cause harassment, alarm or distress anti social behaviour essay one or more persons not of the same household as the perpetrator.
Legal Remedies The first government proposals addressing the issue of anti-social behaviour were anti social behaviour essay in the Department of Environment consultation paper entitled Anti-Social Behaviour on Council Estates: Consultation Paper on Probationary Tenancies DoE, anti social behaviour essay, Probationary Tenancies These allow Local authorities anti social behaviour essay grant introductory tenancies rather than a secure tenancy.
Extended grounds for possession Tenants of social landlords are generally either secure or assured and as a result are subject to the provisions of either the Housing Act or the Housing Act New forms of Injunctions Injunctions are another tool available to landlords.
The Crime and Disorder Act The Crime and Disorder Act CDA established the Local Crime and Disorder Reduction Partnerships. The most significant provisions are: i. Parenting Orders iii. Child curfew schemes iv. Child safety orders v. Duty on police and local authorities to liaise vi.
Duty on local authorities to establish youth offending teams vii. Detention and training orders viii. Racially aggravated offences ix. Abolition of doli incapax age of criminal responsibility between 10 and 14 years of age x. Removal of trust xi.
Anti Social Behaviour
, time: 12:27Anti-Social Behaviour - Essay Sample
Anti - Social Behavior: A Result of Social Discrimination Introduction Human behavior is a product of innate qualities and environmental influence (Newman 70). The environment in which a child grows influences his development and growth (Newman 70). As a child grows, he is expected to interact with different people As per the Section One of the Crime and Disorder Act a notion was developed that people who created a nuisance whereby their behaviour was considered as anti-social, for example a person started acting in an anti social way when the Act was commenced and his/her behaviour affects one or more person or if a person behaves in such a manner that it causes harassment to the other people in the society which in turn leads to other anti-social behaviour · Antisocial Behaviour In Britain antisocial behaviour between young people is a widely argued subject in the British media. More and more Brits at the age are dropping out of school or work-based training and refuse to return. These young people are more than likely to face criminal action possibly leading to a fine or community sentence
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