(a) must be given to the person to whom the direction was given, unless
that is not reasonably practicable, and

(b) if given, must be given in writing unless that is not reasonably
practicable.

(10) 5In this section “public place” means a place to which at the material time the
public or a section of the public has access, on payment or otherwise, as of right
or by virtue of express or implied permission.

(11) In this Part “exclusion period” has the meaning given by subsection (1)(b).

35 Restrictions

(1) 10A constable may not give a direction under section 34 to a person who appears
to the constable to be under the age of 10.

(2) A constable may not give a direction under section 34 that prevents the person
to whom it is given having access to a place where the person lives.

(3) A constable may not give a direction under section 34 that prevents the person
15to whom it is given attending at a place which the person is—

(a) required to attend for the purposes of the person’s employment, or a
contract of services to which the person is a party,

(b) required to attend by an obligation imposed by or under an enactment
or by the order of a court or tribunal, or

(c) 20expected to attend for the purposes of education or training or for the
purposes of receiving medical treatment,

at a time when the person is required or expected (as the case may be) to attend
there.

(4) A constable may not give a direction to a person under section 34 if the person
25is one of a group of persons who are—

(a) engaged in conduct that is lawful under section 220 of the Trade Union
and Labour Relations (Consolidation) Act 1992 (peaceful picketing), or

(b) taking part in a public procession of the kind mentioned in subsection
(1) of section 11 of the Public Order Act 1986 in respect of which—

(i) 30written notice has been given in accordance with that section, or

(ii) written notice is not required to be given as provided by
subsections (1) and (2) of that section.

(5) In deciding whether to give a direction under section 34 a constable must have
particular regard to the rights of freedom of expression and freedom of
35assembly set out in articles 10 and 11 of the Convention.

“Convention” has the meaning given by section 21(1) of the Human Rights Act
1998.

“Convention” has the meaning given by section 21(1) of the Human Rights Act
1998.

36 40Surrender of property

(1) A constable who gives a person a direction under section 34 may also direct the
person to surrender to the constable any item in the person’s possession or
control that the constable reasonably believes has been used or is likely to be
used in behaviour that harasses, alarms or distresses members of the public.

(2) 45A direction under this section must be given in writing, unless that is not
reasonably practicable.

(3) A constable who gives a person a direction under this section must (unless it is
not reasonably practicable)—

(a) tell the person that failing without reasonable excuse to comply with
the direction is an offence, and

(b) 5give the person information in writing about when and how the person
may recover the surrendered item.

(4) The surrendered item must not be returned to the person before the end of the
exclusion period.

(5) If after the end of that period the person asks for the item to be returned, it must
10be returned (unless there is power to retain it under another enactment).

(6) But if it appears to a constable that the person is under the age of 16 and is not
accompanied by a parent or other responsible adult, the item may be retained
until the person is so accompanied.

(7) If the person has not asked for the return of the item before the end of the
15period of 28 days beginning with the day on which the direction was given, the
item may be destroyed or otherwise disposed of.

37 Record-keeping

(1) A constable who gives a direction under section 34 must make a record of—

(a) the individual to whom the direction is given,

(b) 20the time at which the direction is given, and

(c) the terms of the direction (including in particular the area to which it
relates and the exclusion period).

(2) A constable who withdraws or varies a direction under section 34 must make
a record of—

(a) 25the time at which the direction is withdrawn or varied,

(b) whether notice of the withdrawal or variation is given to the person to
whom the direction was given and if it is, at what time, and

(c) if the direction is varied, the terms of the variation.

(3) A constable who gives a direction under section 36 must make a record of—

(a) 30the individual to whom the direction is given,

(b) the time at which the direction is given, and

(c) the item to which the direction relates.

38 Offences

(1) A person given a direction under section 34 who fails without reasonable
35excuse to comply with it commits an offence.

(2) A person guilty of an offence under subsection (1) is liable on summary
conviction—

(a) to imprisonment for a period not exceeding 3 months, or

(b) to a fine not exceeding level 4 on the standard scale,

40or to both.

(3) A person given a direction under section 36 who fails without reasonable
excuse to comply with it commits an offence.

(4) A person guilty of an offence under subsection (3) is liable on summary
conviction to a fine not exceeding level 2 on the standard scale.

39 Powers of community support officers

(1) Schedule 4 to the Police Reform Act 2002 (powers of community support
5officers) is amended as follows.

(2) In paragraph 2(6), for paragraph (aa) there is substituted—

“(aa) an offence under section 38 of the Anti-social Behaviour,
Crime and Policing Act 2014;”.

(3) For paragraph 4A of Schedule 4 there is substituted—

“4A 10Where a designation applies this paragraph to a person, that person
has within the relevant police area the powers conferred on a
constable by section 34 of the Anti-social Behaviour, Crime and
Policing Act 2014.

4AB (1) Where a designation applies this paragraph to a person, that person
15has within the relevant police area the powers conferred on a
constable by section 36 of the Anti-social Behaviour, Crime and
Policing Act 2014.

(2) A designation may not apply this paragraph to a person unless a
designation also applies paragraph 4A to that person.”

40 20Guidance

(1) The Secretary of State may issue guidance to chief officers of police about the
exercise, by officers under their direction or control, of those officers’ functions
under this Part.

(2) The Secretary of State may revise any guidance issued under this section.

(3) 25The Secretary of State must arrange for any guidance issued or revised under
this section to be published.

41 Saving and transitional provision

(1) The repeal by this Act of Part 4 of the Anti-social Behaviour Act 2003, and the
repeal or amendment by this Act of provisions related to that Part, do not apply
30in relation to—

(a) an authorisation given under section 30(2) of that Act before the
commencement day, or

(b) anything done in connection with such an authorisation.

(2) The repeal by this Act of section 27 of the Violent Crime Reduction Act 2006,
35and the repeal or amendment by this Act of provisions related to that section,
do not apply in relation to—

(a) a direction given under that section before the commencement day, or

(b) anything done in connection with such a direction.

(3) In this section “commencement day” means the day on which this Part comes
40into force.

Part 4 Community protection

CHAPTER 1 Community protection notices

Community protection notices

42 5Power to issue notices

(1) An authorised person may issue a community protection notice to an
individual aged 16 or over, or a body, if satisfied on reasonable grounds that—

(a) the conduct of the individual or body is having a detrimental effect, of
a persistent or continuing nature, on the quality of life of those in the
10locality, and

(b) the conduct is unreasonable.

(2) In subsection (1) “authorised person” means a person on whom section 52 (or
an enactment amended by that section) confers power to issue community
protection notices.

(3) 15A community protection notice is a notice that imposes any of the following
requirements on the individual or body issued with it—

(a) a requirement to stop doing specified things;

(b) a requirement to do specified things;

(c) a requirement to take reasonable steps to achieve specified results.

(4) 20The only requirements that may be imposed are ones that are reasonable to
impose in order—

(a) to prevent the detrimental effect referred to in subsection (1) from
continuing or recurring, or

(b) to reduce that detrimental effect or to reduce the risk of its continuance
25or recurrence.

(5) A person (A) may issue a community protection notice to an individual or
body (B) only if—

(a) B has been given a written warning that the notice will be issued unless
B’s conduct ceases to have the detrimental effect referred to in
30subsection (1), and

(b) A is satisfied that, despite B having had enough time to deal with the
matter, B’s conduct is still having that effect.

(6) A person issuing a community protection notice must before doing so inform
any body or individual the person thinks appropriate.

(7) 35A community protection notice must—

(a) identify the conduct referred to in subsection (1);

(b) explain the effect of sections 45 to 50.

(8) A community protection notice may specify periods within which, or times by
which, requirements within subsection (3)(b) or (c) are to be complied with.

43 Occupiers of premises etc

(1) Conduct on, or affecting, premises (other than premises within subsection (2))
that a particular person—

(a) owns,

(b) 5leases,

(c) occupies,

(d) controls,

(e) operates, or

(f) maintains,

10is treated for the purposes of section 42 as conduct of that person.

(2) Conduct on, or affecting, premises occupied for the purposes of a government
department is treated for the purposes of section 42 as conduct of the Minister
in charge of that department.

(3) This section does not treat an individual’s conduct as that of another person if
15that person cannot reasonably be expected to control or affect it.

44 Occupier or owner unascertainable

(1) This section applies where—

(a) an authorised person has power to issue a community protection
notice,

(b) 20the detrimental effect referred to in section 42(1) arises from the
condition of premises or the use to which premises have been put, and

(c) the authorised person has made reasonable enquiries to find out the
name or proper address of the occupier of the premises (or, if the
premises are unoccupied, the owner) but without success.

(2) 25The authorised person may—

(a) post the community protection notice on the premises;

(b) enter the premises, or other premises, to the extent reasonably
necessary for that purpose.

(3) The community protection notice is treated as having been issued to the
30occupier of the premises (or, if the premises are unoccupied, the owner) at the
time the notice is posted.

(4) In this section “authorised person” has the same meaning as in section 42(1).

45 Appeals against notices

(1) A person issued with a community protection notice may appeal to a
35magistrates’ court against the notice on any of the following grounds.

(2) An appeal must be made within the period of 21 days beginning with the day
on which the person is issued with the notice.

(3) 20While an appeal against a community protection notice is in progress—

(a) a requirement imposed by the notice to stop doing specified things
remains in effect, unless the court orders otherwise, but

(b) any other requirement imposed by the notice is of no effect.

For this purpose an appeal is “in progress” until it is finally determined or is
25withdrawn.

(4) A magistrates’ court hearing an appeal against a community protection notice
must—

(a) quash the notice,

(b) modify the notice (for example by extending a period specified in it), or

(c) 30dismiss the appeal.

Failure to comply with notice

46 Remedial action by local authority

(1) Where a person issued with a community protection notice (“the defaulter”)
fails to comply with a requirement of the notice, the relevant local authority
35may take action under subsection (2) or subsection (3) (or both).

(2) The relevant local authority may have work carried out to ensure that the
failure is remedied, but only on land that is open to the air.

(3) As regards premises other than land open to the air, if the relevant local
authority issues the defaulter with a notice—

(a) 40specifying work it intends to have carried out to ensure that the failure
is remedied,

(b) specifying the estimated cost of the work, and

(c) inviting the defaulter to consent to the work being carried out,

the authority may have the work carried out if the necessary consent is given.

(4) In subsection (3) “the necessary consent” means the consent of—

(a) the defaulter, and

(b) the owner of the premises on which the work is to be carried out (if that
is not the defaulter).

5Paragraph (b) does not apply where the relevant authority has made
reasonable efforts to contact the owner of the premises but without success.

(5) A person authorised by a local authority to carry out work under this section
may enter any premises to the extent reasonably necessary for that purpose,
except that a person who is only authorised to carry out work under subsection
10(2) may only enter land that is open to the air.

(6) If work is carried out under subsection (2) or (3) and the relevant local
authority issues a notice to the defaulter—

(a) giving details of the work that was carried out, and

(b) specifying an amount that is no more than the cost to the authority of
15having the work carried out,

the defaulter is liable to the authority for that amount (subject to the outcome
of any appeal under subsection (7)).

(7) A person issued with a notice under subsection (6) may appeal to a
magistrates’ court, within the period of 21 days beginning with the day on
20which the notice was issued, on the ground that the amount specified under
subsection (6)(b) is excessive.

(8) A magistrates’ court hearing an appeal under subsection (7) must—

(a) confirm the amount, or

(b) substitute a lower amount.

(9) 25In this section “the relevant local authority” means—

(a) the local authority that issued the community protection notice;

(b) if the community protection notice was not issued by a local authority,
the local authority (or, as the case may be, one of the local authorities)
that could have issued it.

47 30Offence of failing to comply with notice

(1) A person issued with a community protection notice who fails to comply with
it commits an offence.

(2) A person guilty of an offence under this section is liable on summary
conviction—

(a) 35to a fine not exceeding level 4 on the standard scale, in the case of an
individual;

(b) to a fine not exceeding £20,000, in the case of a body.

(3) A person does not commit an offence under this section if—

(a) the person took all reasonable steps to comply with the notice, or

(b) 40there is some other reasonable excuse for the failure to comply with it.

48 Remedial orders

(1) A court before which a person is convicted of an offence under section 47 in
respect of a community protection notice may make whatever order the court

thinks appropriate for ensuring that what the notice requires to be done is
done.

(2) An order under this section may in particular require the defendant—

(a) to carry out specified work, or

(b) 5to allow specified work to be carried out by or on behalf of a specified
local authority.

(3) To be specified under subsection (2)(b) a local authority must be—

(a) the local authority that issued the community protection notice;

(b) if the community protection notice was not issued by a local authority,
10the local authority (or, as the case may be, one of the local authorities)
that could have issued it.

(4) A requirement imposed under subsection (2)(b) does not authorise the person
carrying out the work to enter the defendant’s home without the defendant’s
consent.

15But this does not prevent a defendant who fails to give that consent from being
in breach of the court’s order.

But this does not prevent a defendant who fails to give that consent from being
in breach of the court’s order.

(5) In subsection (4) “the defendant’s home” means the house, flat, vehicle or other
20accommodation where the defendant—

(a) usually lives, or

(b) is living at the time when the work is or would be carried out.

(6) If work is carried out under subsection (2)(b) and the local authority specified
under that subsection issues a notice to the defaulter—

(a) 25giving details of the work that was carried out, and

(b) specifying an amount that is no more than the cost to the authority of
having the work carried out,

the defaulter is liable to the authority for that amount (subject to the outcome
of any appeal under subsection (7)).

(7) 30A person issued with a notice under subsection (6) may appeal to a
magistrates’ court, within the period of 21 days beginning with the day on
which the notice was issued, on the ground that the amount specified under
subsection (6)(b) is excessive.

(8) A magistrates’ court hearing an appeal under subsection (7) must—

(a) 35confirm the amount, or

(b) substitute a lower amount.

49 Forfeiture of item used in commission of offence

(1) A court before which a person is convicted of an offence under section 47 may
order the forfeiture of any item that was used in the commission of the offence.

(2) 40An order under this section may require a person in possession of the item to
hand it over as soon as reasonably practicable—

(a) to a constable, or

(b) to a person employed by a local authority or designated by a local
authority under section 52(1)(c).

(3) 45An order under this section may require the item—

(a) to be destroyed, or

(b) to be disposed of in whatever way the order specifies.

(4) Where an item ordered to be forfeited under this section is kept by or handed
over to a constable, the police force of which the constable is a member must
ensure that arrangements are made for its destruction or disposal, either—

(a) 5in accordance with the order, or

(b) if no arrangements are specified in the order, in whatever way seems
appropriate to the police force.

(5) Where an item ordered to be forfeited under this section is kept by or handed
over to a person within subsection (2)(b), the local authority by whom the
10person is employed or was designated must ensure that arrangements are
made for its destruction or disposal, either—

(a) in accordance with the order, or

(b) if no arrangements are specified in the order, in whatever way seems
appropriate to the local authority.

50 15Seizure of item used in commission of offence

(1) If a justice of the peace is satisfied on information on oath that there are
reasonable grounds for suspecting—

(a) that an offence under section 47 has been committed, and

(b) that there is an item used in the commission of the offence on premises
20specified in the information,

the justice may issue a warrant authorising any constable or designated person
to enter the premises within 14 days from the date of issue of the warrant to
seize the item.

(2) In this section “designated person” means a person designated by a local
25authority under section 52(1)(c).

(3) A constable or designated person may use reasonable force, if necessary, in
executing a warrant under this section.

(4) A constable or designated person who has seized an item under a warrant
under this section—

(a) 30may retain the item until any relevant criminal proceedings have been
finally determined, if such proceedings are started before the end of the
period of 28 days following the day on which the item was seized;

(b) otherwise, must before the end of that period return the item to the
person from whom it was seized.

(5) 35In subsection (4) “relevant criminal proceedings” means proceedings for an
offence under section 47 in the commission of which the item is alleged to have
been used.

51 Fixed penalty notices

(1) An authorised person may issue a fixed penalty notice to anyone who that
40person has reason to believe has committed an offence under section 47.

(2) In subsection (1) “authorised person” means a person on whom section 52 (or
an enactment amended by that section) confers power to issue fixed penalty
notices under this section.

(3) A fixed penalty notice is a notice offering the person to whom it is issued the
opportunity of discharging any liability to conviction for the offence by
payment of a fixed penalty to a local authority specified in the notice.

(4) The local authority specified under subsection (3) must be—

(a) 5the local authority that issued the community protection notice to
which the fixed penalty notice relates;

(b) if the community protection notice was not issued by a local authority,
the local authority (or, as the case may be, one of the local authorities)
that could have issued it.

(5) 10Where a person is issued with a notice under this section in respect of an
offence—

(a) no proceedings may be taken for the offence before the end of the
period of 14 days following the date of the notice;

(b) the person may not be convicted of the offence if the person pays the
15fixed penalty before the end of that period.

(6) A fixed penalty notice must—

(a) give reasonably detailed particulars of the circumstances alleged to
constitute the offence;

(b) state the period during which (because of subsection (5)(a))
20proceedings will not be taken for the offence;

(c) specify the amount of the fixed penalty;

(d) state the name and address of the person to whom the fixed penalty
may be paid;

(e) specify permissible methods of payment.

(7) 25An amount specified under subsection (6)(c) must not be more than £100.

(8) A fixed penalty notice may specify two amounts under subsection (6)(c) and
specify that, if the lower of those amounts is paid within a specified period (of
less than 14 days), that is the amount of the fixed penalty.

(9) Whatever other method may be specified under subsection (6)(e), payment of
30a fixed penalty may be made by pre-paying and posting to the person whose
name is stated under subsection (6)(d), at the stated address, a letter containing
the amount of the penalty (in cash or otherwise).

(10) Where a letter is sent as mentioned in subsection (9), payment is regarded as
having been made at the time at which that letter would be delivered in the
35ordinary course of post.

(11) In any proceedings, a certificate that—

(a) purports to be signed by or on behalf of the chief finance officer of the
local authority concerned, and

(b) states that payment of a fixed penalty was, or was not, received by the
40dated specified in the certificate,

is evidence of the facts stated.

(12) In this section “chief finance officer”, in relation to a local authority, means the
person with responsibility for the authority’s financial affairs.