Injunctions
Anti-Social Behaviour, Crime and Policing
Act 2014,the Criminal Justice and Immigration
Act 2008,and the Police Reform Act 2002.
all cover in part,Anti Social Behaviour Injunctions,
and the application and/or the breaching of the
conditions of the Injunction.
The Anti-social Behaviour,Crime and
Policing Act 2014,allows a COURT to grant an
Injunction against a person,involved in
anti-social behaviour
for the purpose of Preventing Anti-Social
Behaviour
and if there is a risk of violence,s4 of the Act
allows a Court to attach a
POWER OF ARREST to the Injunction.
POWER TO GRANT INJUNCTIONS
1) A court may grant an Injunction under this
section against a person aged Ten or Over
if two conditions are met
(2) the court is satisfied,on balance of
probabilities,that the (respondent) has engaged
or threatens to engage in anti-social behaviour
(3) the Court considers it just and convenient to
grant the Injunction for the purpose of preventing
the (respondent) from engaging in anti-social
behaviour.
INJUNCTIONS
ANTI-SOCIAL BEHAVIOUR.
(4) an Injunction under this section
may for the purpose of preventing
the (respondent) from engaging
in anti-social behaviour
(a) prohibit the (respondent) from
doing anything described in the
Injunction;
(b) require the (respondent) to do
anything described in the Injunction
ANTI-SOCIAL BEHAVIOUR
(meaning)
Conduct,
that has caused,or is likely to
cause,harassment,alarm,or
distress to any person
Capable
of causing nuisance or annoyance
to a person in relation to that
person's occupation of residential
premises;or
(b) require the (respondent) to do
anything described in the
Injunction
It is a CIVIL Injunction,that could
be used to deal with anti-social
nuisance or annoyance,across a
wide range of behaviours ie
vandalism,public drunkenness,
drug issues,aggressive begging,
irresponsible dog owners,noisy
abusive behaviour,or bullying
against neighbours,or others.
if the COUNTY COURT,
HIGH COURT (Youth Court)
issues an Injunction,
this will prohibit the person from
doing and require them to do
what is described in the
Injunction,with the intention of
addressing their anti-social
behaviour
If an Injunction includes requirement,it must specify the
person responsible for ensuring
compliance with the requirement
the person,may be an individual
or organisation
Before including a requirement,
the Court must receive evidence
about its suitability and
enforceability
if two or more requirements are
included,the Court must consider
their compatibility with each other
the proceedings are civil,but the
standard of proof is to the
CRIMINAL STANDARD
An injunction may be granted on
the application of a
LOCAL AUTHORITY
HOUSING PROVIDER,
CHIEF OF POLICE
(for police area,)
The CHIEF CONSTABLE
(British Transport Police),
TRANSPORT FOR LONDON,
the ENVIRONMENT AGENCY,
and various other bodies,
POWER OF ARREST
Under s4,a Court granting an
Injunction,may attach a
Power of arrest,to a
prohibition or requirement of the
injunction if the Court thinks that
1) the (respondent) has engaged
or threatened to engage in violence
against other person's,or
2) there is a significant risk of
harm to other person's from the
(respondent)
Harm includes serious ill-treatment
or abuse,whether physical or not
ARREST WITHOUT A WARRANT
(Breach of Injunction)
"where a 'power of arrest' is
attached to a provision of an
Injunction,a CONSTABLE may
arrest the (respondent) without
warrant
A person arrested under s9(1)
must,within twenty-four hours
from the time of arrest,be brought
before the appropriate Judge of
the HIGH COURT or COUNTY
COURT,
Christmas day,Good Friday,and
any Sunday are to be disregarded
when calculating the twenty-four hours
CRIMINAL BEHAVIOUR ORDERS
(application and breach)
The Anti-social Behaviour,Crime
and Policing Act 2014
empowers any CRIMINAL COURT
to make a (CBO) against a person
Convicted of a Criminal Offence,
whose behaviour has caused or
was likely to cause harassment,
alarm,or distress,
it is a CRIMINAL OFFENCE
under s30 to breach such an
order
ACT IN ANTI-SOCIAL MANNER
fail to give name and address.
The Police Reform Act 2002
s50 empowers a Police Officer
to Request the name and address
of a person,behaving in an
anti-social manner, and
creates an offence of
failing to comply with that request
OFFENCES
Any person who
(a) fails to give his name and
address when required to do so
under subsection (1)
(b) gives a false or inaccurate
name and address in response
to a requirement under that
subsection
IS GUILTY OF AN OFFENCE
required under subsection (1)
if a Constable in UNIFORM
has reason to believe,that a person
has been acting,or is acting,in an
Anti-Social manner,he may require
that person,to give his name and
address to the constable
DOMESTIC VIOLENCE
INJUNCTIONS
DOMESTIC VIOLENCE STATISTICS (USA)
Every nine seconds in the US,a woman is
assaulted or beaten
Around the world,at least one in every three
women has been beaten,coerced into sex,or
otherwise abused during her lifetime
most often,the abuser is a member of her own
family,or a family friend.
Domestic violence,is the leading cause of injury
to women,more than 'car accidents','muggings',
and 'rape' combined
Studies suggest,that up to Ten Million children
witness some form of domestic violence annually,
nearly 1 in 5 teenage girls,who have been in a
relationship,said a boyfriend threatened violence
or self-harm,if presented with a breakup.
Everyday in the US,more than three women are
Murdered by their husbands or boyfriends,
Domestic Violence Victims lose nearly eight
million days off work,per year,in the US alone,
the equivalent of thirty two thousand full time jobs
Based on reports from
Ten Countries,between fifty five
per cent and ninety percent of
women,who have been physically
abused,by their partners,
had never contacted,
non-governmental organisations,
shelters,or the police,for help.
The cost of Domestic Violence,in
the US alone,exceed $5.8 billion
per year,
$4.1 billion are for Direct Medical
and Health Care Services,
while productivity losses account
for nearly $1.8 billion
Men,who as children witnessed
their parents domestic violence,
were twice as likely to abuse their
own wives,
than sons of non-violent parents
(this report was compiled in 2017)
DOMESTIC VIOLENCE
STATISTICS IN ENGLAND AND
WALES (2017)
Domestic violence and abuse in
the UK,are notoriously hard to
measure,or define consistently.
In the last year,according to figures (March 2017) 1.9 million adults aged between 16-59 years old experienced domestic abuse.
women and men experienced domestic abuse,
broken down,it amounted to
1.2 million, were women and
713,000,were men.
The Police recorded 1.1 million
domestic abuse related incidents
and crimes,in the year ending
March 2017.and of these
46% were recorded as domestic
abuse related crimes,which
accounted for 32% of violent
crimes
There were 46 ARREST per 100
domestic abuse related crimes
recorded by 39 police forces
in the year ending June 2017
The majority of victims of domestic
homicides recorded between
April 2013 and March 2016,were
female equating to 70%.
A decision to 'charge' was made
for 72% of domestic abuse related
cases,referred to the (CPC)
Crown Prosecution Service,by the
police,
and of those that proceeded to
court,convictions were secured
for 76% of domestic abuse related
prosecutions.
Many victims do not see justice,
with the majority of the cases not
coming to the attention of the
police,
and many of those,that do come
to their attention,DO NOT result
in a conviction for the perpetrator
of the abuse.
Domestic abuse,is often a
HIDDEN CRIME,that is not
REPORTED TO THE POLICE,
which is why the estimated
numbers of victims,is much higher
than the number of incidents and
crimes recorded by the police
Approximately half of domestic
abuse related crimes that are
recorded by the police DO NOT
result in an arrest,
and a large proportion,have
EVIDENTIAL DIFFICULTIES,
in proceeding with prosecution,
Evidential Difficulties,often relate
to the victim NOT SUPPORTING
the Prosecution
often as a result of retribution
from the perpetrator or their
friends,family or another person
that they can use,to bully and
intimidate,not to give evidence.
DEFINING DOMESTIC VIOLENCE
AND ABUSE
"any incident or pattern of incidents
of controlling,coercive,threatening
behaviour,violence or abuse
between those aged 16 and over
who are,or have been,intimate
partners or family members
regardless of gender or sexuality"
Violence refers to physical harm,
while abuse tends to encompass
that along with things like
financial (being prevented from
having money) and emotional abuse
Domestic abuse,occurs amongst
people of all ethnicities,sexualities,
ages,disabilities,immigration status,
religions or beliefs,and social
economic backgrounds
Men and Women can be victims
of Domestic Abuse.
There is no specific statutory
offence,of domestic violence
and/or abuse,
it is a general term describing a
range of controlling and coercive
behaviours,used by on person t
MAINTAIN CONTROL over
another,
with whom they have,or have had
an intimate or family relationship.
Domestic abuse,is rarely a one off
incident,and is the cumulative and
interlinked,physical,psychological,
sexual,emotional,or financial
abuse,
that has particularly damaging
effect on the victim.
NON MOLESTATION ORDERS
Molestation is harassing,pestering
or interfering with (you) victim or
your child(ren)
This is an order,to stop partners
"molesting" (you) victim and/or
your child(ren)
this order can also extend to
cover anyone the perpetrator
uses to molest,harass,pester or
be violent toward (you) victim
or your child(ren)
OCCUPATION ORDERS
is an order which decides who
should carry on in the home in
the short-term,after there has
been violence or harassment
POWER OF ARREST
can be attached giving police
power to arrest your partner
Serious Crime Act 2015
is legislation that is aimed to
close that gap by making
controlling or coercive behaviour
in intimate or familiar relationships
a crime.
Perjury Act 1911
1(1) if any person lawfully sworn
as a witness or as an interpreter
in a judicial proceedings,
wilfully makes a statement material
in that proceedings,which he
knows to be false or does not
believe to be true,
he shall be guilty of perjury
and shall on conviction thereof
on indictment,be liable to penal
servitude for a term
not exceeding seven years or
to imprisonment,not exceeding
two years or to a fine or both such
penal servitude or imprisonment
and fine.
1(2) the expression
"judicial proceedings" include a
proceeding before any court,
tribunal,or person having by law
power to hear,receive,and examine
evidence on oath
WASTING POLICE TIME
Criminal Law Act 1967 s5(2)
"it is an offence to cause a
wasteful employment of the
police by knowingly making
a false report
either orally or in writing to
the police or anyone else that
1) an offence has been committed
2) there is a real threat to the
safety of any persons or property
3) they have relevant information
concerning some police enquiry.
Wasting Police time is a
Summary Offence allowing for a
person to be imprisoned for up
to six months and/or fined instead
of taking the person to court ie
be issued with a
FIXED PENALTY NOTICE (FPN)
under the Criminal Justice and
police Act 2001 being fined £90.00
but you will not get a
CRIMINAL CONVICTION but
details will still go on
POLICE COMPUTER
FIXED PENALTY NOTICE (FPNs)
are fines levied on a person,for a
specific offence and for a certain
amount
No PROSECUTION is involved,
so No CRIMINAL RECORD is
created
originally developed to solve
parking problems,when parking
in London streets,started to create
problems for the local police
nowadays,used for a variety of
MINOR VIOLATIONS
without having to pursue a long
and costly prosecution.
Issued for
loitering,fly-tipping,dog control
offences,graffiti,fly-posting,
NUISANCE PARKING
(people selling or repairing cars
on the road),abandoned vehicles
When (FPNs) are issued especially to juveniles a police officer must
1) Alway be in FULL UNIFORM
2) NEVER TOUCH a young
person
3) Approach from the front
not from behind
4) Identify themselves and offer
FORMAL IDENTIFICATION
5) IDEALLY WORK IN PAIRS
if a false report you made,has
particular Serious Consequences
the police could charge you with
"perverting the course of justice"
which carries maximum life
imprisonment
which is a more serious offence
than 'wasting police time'
