ASBOs

 

Act in Anti-Social Manner – Fail to Give Name/Address

Police Reform Act 2002 s50(2)

Any person who fails to give their name and address when required to do so under subsection (1), OR gives a false or inaccurate name or address in response to a requirement under that subsection, is guilty of an offence.

NB constable must be in uniform

Points to Prove:

Sentence:

 

Vehicles used in a Manner Causing Alarm, Distress or Annoyance

Police Reform Act 2002 s59

(1) Where a constable in uniform has reasonable grounds for believing that a motor vehicle is being used on any occasion in a manner which contravenes section 3 or 34 of the Road Traffic Act 1984 (careless and inconsiderate driving and prohibition of off-road driving), AND is causing, or is likely to cause, alarm, distress or annoyance to members of the public, they shall have the powers set out in subsection (3).

(2) A constable in uniform shall also have the powers set out in subsection (3) where he has reasonable grounds for believing that a motor vehicle has been used on any occasion in a manner falling within subsection (3).

(3) Those powers are-

Power, if the motor vehicle is moving, to order the person driving it to stop the vehicle;

Power to seize and remove the motor vehicle;

Power, for the purposes of exercising a power falling within paragraph (a) or (b), to enter any premises on which they have reasonable grounds for believing the motor vehicle to be;

Power to use reasonable force, if necessary, in the exercise of any power conferred by any of the paragraphs (a) to (c).

(4) A constable shall not seize a motor vehicle in the exercise of the powers conferred on them by this section unless-

They have warned the person appearing to them to be the person whose use falls within subsection (1) that he will seize it, if that use continues or is repeated, AND

It appears to them that the use has continued or been repeated after the warning.

(5) Subsection (4) does not require a warning to be given by a constable on any occasion on which they would otherwise have the power to seize a motor vehicle under this section if –

The circumstances make it impractical for them to give the warning;

The constable has already on that occasion given a warning under that subsection in respect of any use of that motor vehicle or of another motor vehicle by that person or any other person;

The constable has reasonable grounds for believing that such a warning has been given on that occasion otherwise than by them, OR

The constable has reasonable grounds for believing that the person whose use of that motor vehicle on that occasion would justify the seizure is a person to whom a warning under that subsection has been given (whether or not by that constable or in respect of the same vehicle or the same or a similar use) on a previous occasion in the previous twelve months.

 

Related Offence:

Police Reform act 2002 s59(6)

A person who fails to comply with an order under subsection (3)(a) is guilty of an offence.

Points to Prove:

Sentence:

 

Dispersal of Groups (Anti-Social Behaviour)

Anti-Social Behaviour Act 2003 s32(2)

A person who knowingly contravenes a direction given to him under s30(4) commits an offence.

Points to Prove:

Sentence: