Anti-social behaviour – Legal powers
Parts 1 to 4 of the Anti-social Behaviour, Crime and Policing Act 2014 provide six powers for use by local agencies, summarised below. These options provide a broad enforcement regime with local partners.
All powers listed are reserved as interventions for serious anti-social behaviour that has caused or may cause significant harm. We work in close partnership with Durham Police, Durham County Council, and other local authorities to ensure the effective delivery and use of these powers. Of the six powers, We are permitted to issue anti-social behaviour injunctions only, the remaining powers are all within the remit of policing and local government.
What it does:
Individuals (aged 10 and over) conducting anti-social behaviour can be issued with an anti-social behaviour injunction which prohibits them from certain activities.
Who can take this action?
Police
Local Authority
Registered Providers
NHS Protect
Transport agencies
The Environment Agency
Sanction for breaching the action:
Imprisonment of up to 2 years.
What it does:
Individuals who have a criminal conviction can have a CBO attached to their sentence if they have behaved antisocially. CBO's place restrictions on activities and are designed to address specific behaviours.
Who can take this action?
Criminal courts (must be requested by the CPS when prosecuting an offender)
Sanction for breaching the action:
Imprisonment of up to 5 years.
What it does:
Adults or businesses responsible for environmental issues which have diminished the ‘quality of life of those in the locality’ can be required to remedy the problem.
Who can take this action?
Police
Local Authorities
Sanction for breaching the action:
Criminal offence punishable by Fixed Penalty Notice.
What it does:
Specific activities can be prohibited in a designated area.
Who can take this action?
Local Authorities (in consultation with the police)
Sanction for breaching the action:
Criminal offence punishable by Fixed Penalty Notice.
What it does:
Individuals (aged 10 and over) conducting anti-social behaviour in a public space can be required to leave that specified area for up to 48 hours. Their property can be confiscated if it is being used to conduct anti-social behaviour.
Who can take this action?
Police
Sanction for breaching the action:
Imprisonment of up to 3 months.
What it does:
Access to a building associated with anti-social behaviour can be restricted for up to 24 hours (for those other than the residents). Courts can extend this for up to 6 months and can apply it to the residents.
Who can take this action?
Police
Local Authorities
Sanction for breaching the action:
Imprisonment of up to 6 months.