Anti-social Behaviour (ASB) Crime & Policing Act 2014 – changes to ASB powers

New powers to tackle anti-social behaviour (ASB) came into force on Monday 20th October 2014.

19 existing powers were streamlined into six new ones, meaning local authorities are able to tackle ASB faster and more effectively. Partner agencies have been working since 2012 to get ready for the changes, which aim to give victims and communities more power to define and respond to ASB.

Here is a brief guide to the new powers:

1. Civil injunctions
These replace the Anti-Social Behaviour Injunction, Drinking Banning Order on application, Anti-Social Behaviour Order on application, intervention orders and individual support orders. Civil injunctions will include positive requirements to get the individual concerned to deal with the underlying causes of their behaviour. This power will come into force in 2015.

2. Criminal Behaviour Order (CBO)
A CBO can be used once an individual has been convicted of a criminal offence. The minimum term is two years and there is no minimum term. Breach is a criminal offence with up to five years in prison for adults, and positive requirements can be included if the court is satisfied they are both suitable and enforceable. CBOs replace Anti-Social Behaviour Orders on conviction and Drinking Banning Orders on conviction.

3. Community Protection Notice (CPN)
A CPN can be issued to deal with a particular problem negatively affecting the community (eg litter, graffiti, noise). A CPN can be issued by Police Officers or authorised staff, including PCSOs, within the local authority.

4. Public Spaces Protection Order (PSPO)
The PSPO provides councils with a flexible power to put into place local restrictions, to address various ASB issues in public places. It covers specific nuisances on that particular space (eg noise, litter).

5. Closure Power
This simplifies existing powers, consolidating four into one. A Closure Notice can be issued for up to 48hrs, and can be followed by a Closure Order which may prohibit access by all persons at all times and in all circumstances.

6. Police Dispersal Powers
This enables Police Officers to require a person whose behaviour has caused, or is likely to cause, harassment, alarm or distress to leave a specified area and not return for a set period of up to 48 hrs.

The Community Trigger and the Community Remedy have also been launched. Find out more here.

If you’d like more information, just email your request to cdp@nottinghamcity.gov.uk.

For media queries, please contact Claire Hewitt at the CDP on 0115 876 5656.