Dear Chief Officer
Summary
This circular describes the provisions contained in Part 4 of the Anti-social
Behaviour Act 2003, which received Royal Assent on 20 November 2003. It
gives details of guidance which will be produced. This Part comes into
force on 20 January 2004.
Overview
2. Part 4 of the Anti-social Behaviour Act 2003 provides the police with
powers to disperse groups of 2 or more and return young people under 16
who are unsupervised in public places after 9pm to their homes. The powers
can only be used in areas where members of the public have suffered intimidation,
harassment, alarm or distress due to the presence of groups and
where anti-social behaviour is a significant and persistent problem.
3. The aim of these powers is to prevent people from feeling frightened
and discouraged from using public spaces because they feel threatened
by groups of people hanging around. It also aims to protect children and
young people from the risks of being unaccompanied on the streets late
at night – risks of older peers encouraging them into criminal activities.
4. These new powers will enable police and local authorities to work together
to identify particular problem areas that need targeted action to help
local communities to remove intimidation and anti-social behaviour from
their streets. These powers are not intended to be used in isolation,
but should form part of an integrated response to tackling crime and disorder
in local areas.
The Authorisation:
5. An officer of at least the rank of superintendent can make an authorisation
where he or she has reasonable grounds for believing that members of the
public have been intimidated, harassed, alarmed or distressed; as a result
of the presence or behaviour of groups of two or more people in public
places in any locality in his police area and that anti-social
behaviour is a significant and persistent problem in that relevant area.
6. "Anti-social behaviour" is defined in section 36 as "behaviour by a
person which causes or is likely to cause harassment, alarm or distress
to one or more other persons not of the same household as the person."
7. An authorisation may be made for a period not exceeding six months.
The area to which the authorisation applies to must fall within the officer's
police area. It must be in writing, signed by the officer giving it and
must specify the area it covers (the 'relevant locality'), the grounds
on which the authorisation is given and the period for which it valid.
8. Before an authorisation can be given the relevant officer must obtain
the agreement of the local authority. Local authority for these purposes
is defined for England as a district council, a unitary authority, the
Common Council of the City of London or the Council of the Isles of Scilly
and for Wales as a county council or a county borough council.
Publicity for the authorisation
9. Once agreement on an authorisation has been obtained, an authorisation
notice must be produced and publicised. The authorisation notice must
specify the relevant locality to which it applies, the grounds on which
the authorisation has been given and the period when the power to disperse
is exercisable. Before the authorisation comes into force, the authorisation
notice must be published in a newspaper which is circulated in the relevant
locality and/or posted in a conspicuous place or places with the relevant
locality.
Withdrawal of the authorisation
10. If at any time it is deemed appropriate to withdraw the authorisation
notice then the relevant local authorities must be consulted. The authorisation
must be withdrawn by the relevant officer who gave it, or any relevant
officer whose police area includes the relevant locality and whose rank
is the same or higher than the relevant issuing officer. The giving or
withdrawal of an authorisation does not prevent a further authorisation
for part or the whole of the same area being given.
The direction
11. Once an authorisation has been given for a relevant locality then
these new measures will allow a constable or a community support officer
(CSO) to give one or more directions. Before giving a direction the officer
must have reasonable grounds for believing that the presence or behaviour
of a group of two or more persons in any public place in the relevant
locality has resulted, or is likely to result, in any members of the public
being intimidated, harassed, alarmed or distressed.
12. The directions which may be given are:
§ a direction requiring the persons in the group to disperse (either immediately
or at a specified time)
§ a direction requiring those persons who do not live within the relevant
locality to leave the relevant locality or any part of the relevant locality
(either immediately or at a specified time)
§ a direction prohibiting the return of those persons who do live within
the relevant locality from returning to the relevant area for a period
as stated when giving the direction, but not exceeding 24 hours.
13. When making a decision to disperse conditions can be attached to which
persons must adhere. Officers can specify the time and area to which persons
directed to disperse cannot return. If those persons to whom the direction
applies do not live in that relevant locality, the officer issuing the
direction can order them not to return to the relevant area for a specific
period as long as it does not exceed 24 hours.
14. A direction to disperse may be given orally, to any person individually
or to two or more persons together and maybe withdrawn or varied by the
person issuing the direction.
15. A group cannot be given a direction if they are engaged in conduct
which is lawful under section 220 of the Trade Union and Labour Relations
(Consolidation) Act 1992, or if they are taking part in a public procession
as defined in section 11 of the Public Order Act 1986.
Sanction for refusing to obey a direction:
16. An individual who knowingly refuses to comply with a direction issued
is liable on summary conviction to a fine and/or a term of imprisonment
not exceeding 3 months or both. A constable in uniform may arrest without
warrant an individual who fails to comply with a direction to disperse.
Taking a child home:
17. If an authorisation is in force, a further power to return a person
under the age of 16 to their place of residence, will be available to
constables and Community Support Officers.
18. If between 9pm and 6am, an officer finds a person in any public place
in the relevant locality who he has reasonable grounds for believing is
under the age of 16 and is not under the effective control of a parent
or a responsible person aged 18 or over then they may return that person
to their place of residence.
19. Before exercising this power, the officer must be satisfied by returning
the person to their place of residence they are not likely to suffer significant
harm.
20. If the decision is made to return that person to their place of residence,
any local authority whose area includes the whole or part of the relevant
area must be informed
Powers of Community Support Officers
21. Section 33(2) amends Part 1 of Schedule 4 to the Police Reform Act
2002. It adds an offence under section 32(2) of the Anti-social Behaviour
Act 2003 to which the power to detain applies to a designated person.
22. Section 33(3) inserts paragraphs (4A) and (4B) into Part 1 of Schedule
4 to the Police Reform Act 2002, so that Community Support Officers, if
designated, can used the powers in section 30(3) to (6) of the Anti-social
Behaviour Act (power to disperse groups and remove persons under 16 to
their place of residence).
23. Section 33(3) also gives Community Support Officers the powers of
a constable to return children under 10 to their place of residence where
a Local Child Curfew Scheme authorised by a Local Authority is contravened.
(Crime and Disorder Act 1998 Section 14). Community Support officers have
the powers and duties of a constable under section 15(1), 15(2) and 15(3)
of the Crime and Disorder Act 1998.
Further Guidance
24. Under Section 34, the Secretary of State may issue a code of practice.
The National Centre for Policing Excellence (NCPE) has been asked to produce
further guidance on these powers, and will consult widely, particularly
with stakeholders and practitioners.
MICHAEL GILLESPIE
Head of Public Order and Crime Issues Unit |
