Antisocial Behaviour etc. (Scotland) Act 2004
| Jurisdiction | Scotland |
| Citation | 2004 asp 8 |
| Year | 2004 |
Antisocial Behaviour etc. (Scotland) Act 2004
asp 8
[26th July 2004]
and received Royal Assent on[17th June 2004]
The Bill for this Act of the Scottish Parliament was passed by the Parliament onAn Act of the Scottish Parliament to make provision in connection with antisocial behaviour; to make provision about criminal justice; to make provision in relation to child welfare; and for connected purposes.
Part 1
Antisocial behaviour strategies
1 Antisocial behaviour strategies
(1) Each local authority and relevant chief constable shall, acting jointly, prepare a strategy for dealing with antisocial behaviour in the authority's area.
(2) Each local authority shall publish the strategy.
(3) The strategy shall in particular—
(a) set out an assessment of the extent of occurrences of antisocial behaviour in the authority's area;
(b) set out an assessment of the types of antisocial behaviour occurring in the authority's area;
(c) specify arrangements for consulting community bodies and other persons (including in particular young persons) in each part of the authority's area in which there are (or are likely to be) occurrences of antisocial behaviour, about how to deal with antisocial behaviour in the part;
(d) specify the range and availability in the authority's area of any services—
(i) for persons under the age of 16 years; and
(ii) for persons generally,
which are designed to deal with antisocial behaviour occurring there, the consequences of such behaviour or the prevention of such behaviour;
(e) in so far as not specified under paragraph (d), specify the range and availability in the authority's area of any services for—
(i) victims of antisocial behaviour;
(ii) persons who witness occurrences of antisocial behaviour; and
(iii) the provision of mediation in relation to disputes arising from antisocial behaviour; and
(f) make provision about—
(i) how the authority and the relevant chief constable are to co-ordinate the discharge of their functions in so far as they may be discharged in relation to antisocial behaviour in the authority's area;
(ii) the exchange of information relating to such behaviour between the authority and the relevant chief constable;
(iii) the giving by the authority and the relevant chief constable of information of that kind to such other persons as appear to the authority and the chief constable to have an interest in dealing with antisocial behaviour and the receipt by the authority and the chief constable of information of that kind from those other persons; and
(iv) the exchange of information relating to antisocial behaviour among such other persons as are mentioned in sub-paragraph (iii).
(4) The local authority and the relevant chief constable—
(a) shall keep the strategy under review; and
(b) may from time to time revise the strategy.
(5) If a strategy is revised under subsection (4), the local authority shall publish the revised strategy.
(6) In preparing, reviewing and revising the strategy, the local authority shall consult—
(a) the Principal Reporter;
(b) registered social landlords which provide or manage property in the authority's area; and
(c) such community bodies and other persons as the local authority considers appropriate.
(7) In considering which persons to consult, the local authority shall seek to include those who are representative of persons adversely affected by antisocial behaviour.
(8) Each local authority and relevant chief constable shall, in discharging functions under this section and in implementing a strategy as published under it, have regard to any guidance issued by the Scottish Ministers about those matters.
(9) Before issuing any such guidance, the Scottish Ministers shall consult such persons as they see fit.
(10) For the purposes of subsection (1), the Scottish Ministers may by directions require such persons as appear to them to hold information relating to antisocial behaviour to supply—
(a) such information as may be specified in the direction; or
(b) information of a description specified in the direction,
to a local authority and relevant chief constable.
(11) In this section—
‘community bodies’ has the meaning given by section 15(4) of the Local Government in Scotland Act 2003 (asp 1); and
‘relevant chief constable’, in relation to a local authority, means the chief constable for the police area which is wholly or partly within the area of the authority.
2 Reports and information
(1) Subject to subsection (3)(b), each local authority shall from time to time publish reports on—
(a) how the authority and the relevant chief constable have implemented the strategy as published under section 1(2) or (5); and
(b) what were the results of that implementation.
(2) It shall be the duty of—
(a) the relevant chief constable;
(b) the Principal Reporter; and
(c) any registered social landlord which provides or manages property within the area of the local authority that published the strategy,
to provide such information as the authority may reasonably require in order to enable the authority to comply with the duty under subsection (1).
(3) The Scottish Ministers may by regulations make provision as to—
(a) the form and content of reports under subsection (1); and
(b) the frequency and timing of publication of such reports.
(4) Before making regulations under subsection (3) the Scottish Ministers shall consult—
(a) such associations of local authorities; and
(b) such other persons,
as they think fit.
(5) A local authority shall, on being so required by the Scottish Ministers, provide them with reports or other information (being reports or information about the matters referred to in subsection (1)) of such kind as they specify in the requirement.
(6) In this section ‘relevant chief constable’ has the same meaning as in section 1.
3 Scottish Ministers' power to apply sections 1 and 2 to registered social landlords
3 Scottish Ministers' power to apply sections 1 and 2 to registered social landlords
(1) The Scottish Ministers may make regulations for the purpose of securing the participation of a registered social landlord in the preparation, review or revision of a strategy such as is mentioned in section 1(1).
(2) Regulations under subsection (1) may in particular make such modifications of sections 1(1), (3), (4), (6) and (8) and 2(1) as the Scottish Ministers consider necessary or expedient for that purpose.
Part 2
Antisocial behaviour orders
Antisocial behaviour orders
4 Antisocial behaviour orders
(1) On the application of a relevant authority, the sheriff may, if satisfied that the conditions mentioned in subsection (2) are met as respects the person to whom the application relates (the ‘specified person’), make an antisocial behaviour order.
(2) Those conditions are—
(a) that the specified person is at least 12 years of age;
(b) that the specified person has engaged in antisocial behaviour towards a relevant person; and
(c) that an antisocial behaviour order is necessary for the purpose of protecting relevant persons from further antisocial behaviour by the specified person.
(3) For the purpose of determining whether the condition mentioned in subsection (2)(b) is met, the sheriff shall disregard any act or conduct of the specified person which that person shows was reasonable in the circumstances.
(4) Where the specified person is a child, the sheriff shall, before determining the application, require the Principal Reporter to arrange a children's hearing for the purpose of obtaining their advice as to whether the condition mentioned in subsection (2)(c) is met; and the sheriff shall, in determining whether that condition is met, have regard to that advice.
(5) Subject to subsections (6) and (7), an antisocial behaviour order is an order which prohibits, indefinitely or for such period as may be specified in the order, the specified person from doing anything described in the order.
(6) The prohibitions that may be imposed by an antisocial behaviour order are those necessary for the purpose of protecting relevant persons from further antisocial behaviour by the specified person.
(7) If an antisocial behaviour order is made on the application of a local authority the order may, in addition to imposing prohibitions that are necessary for the purpose mentioned in subsection (6), impose such prohibitions as are necessary for the purpose of protecting other persons (‘affected persons’) from further antisocial behaviour by the specified person.
(8) Before making an antisocial behaviour order, the sheriff shall, where the specified person is present in court, explain in ordinary language—
(a) the effect of the order and the prohibitions proposed to be included in it;
(b) the consequences of failing to comply with the order;
(c) the powers the sheriff has under sections 5 and 6; and
(d) the entitlement of the specified person to appeal against the making of the order.
(9) Failure to comply with subsection (8) shall not affect the validity of the order.
(10) An application for an antisocial behaviour order shall be made by summary application to the sheriff within whose sheriffdom the specified person is alleged to have engaged in antisocial behaviour.
(11) Before making an application under this section—
(a) a relevant authority shall consult...
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