Antisocial Behaviour, Crime and Policing Act 2014
Antisocial behaviour can cover a wide spectrum of activities, but the most frequent activities can be noise nuisance, threatening behaviour, disorderly conduct in a certain geographical area causing harassment, alarm or distress to any person or persons.
In addition, the Black Country already has a High Court Injunction Order in place prohibiting what is commonly known as “car cruising” within a general area. This is also considered to be antisocial behaviour.
What’s an Injunction?
An anti-social behaviour injunction is a type of court order that can prevent you from doing certain things or going to certain places. They can also require you to do something.
There are two types of Injunction Orders that can be sought (IPNA – Injunctions to Prevent Nuisance or Annoyance:
1.Housing related injunctions can be granted if there is evidence that conduct causing a nuisance or annoyance to;
- A person in relation to that person’s occupation of residential premises (regardless of tenure)
- Any person that directly or indirectly relates to housing management functions of a Local Authority or other social landlord
2. Non-Housing injunctions
- Non-housing injunctions are primarily brought to tackle antisocial behaviour in public places, such as bus stations, local parks and A&E waiting rooms.
- Non-housing injunction orders can be made where the antisocial behaviour does not involve the housing management functions of a social landlord or the people in their homes, it is primarily designed to tackle anti-social behaviour in other areas
Who decides who gets an injunction?
A number of parties are able to apply for an injunction order, as follows:
- The Local Authority
- A private provider of social housing
- The police
- A Housing Action Trust or Charitable Housing Trust
In order to obtain an injunction the applying party will make an application to the County Court, and in some circumstances straight to the High Court, and the recipient of that application will be put on notice and receive a served copy of the application in good time before the hearing. It is important that anyone receiving such an application seeks legal advice immediately.
Anti-social behaviour orders are usually applied for by the police or landlords and are dealt with by the County Court.
What to do when you’re the subject of an Injunction?
If you are made subject to such an order, you may have the right to challenge the terms of that order and we can advise you regarding that process including advice on variation or discharge of injunctions.
In most cases the court will attach a power of arrest to an anti-social behaviour order. This means that if there is a reasonable suspicion that you have breached the injunction, the police are able to arrest you and keep you in police custody until the next available court.
What happens if you breach your Injunction?
A breach of an anti-social behaviour injunction is dealt with as a civil contempt of court, which carries a sentence of up to two years imprisonment and/or an unlimited fine.
If you are accused of breaching an anti-social behaviour order it is important that you contact our experienced team who can help and guide you through this process. Usually this can be funded through Legal Aid.
Waldrons is one of the only legal firms defending these cases and are often recommended by the court to assist those made subject to these types of orders. We have specialist solicitors who are experienced in dealing with these cases and gaining favourable outcomes for our client.
We can advise you on a private fee basis when you areserved with injunction papers or you want to challenge or vary an injunction.
If you are accused of breaching an injunction we can represent you with Legal Aid funding available at no cost to you with no means test.