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Anti-social Behaviour Bill


Anti-social Behaviour Bill
Part 3 — Parental responsibilities

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                    “parent”, in relation to a pupil or child, is to be construed in accordance

with section 576 of the 1996 Act, but does not include a person who is

not an individual,

                    “pupil” is to be construed in accordance with section 3(1) and (1A) of the

1996 Act,

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                    “registered pupil” has the meaning given by section 434(5) of the 1996 Act,

                    “relevant school” means—

                  (a)                 a qualifying school as defined in section 1(3) of the Education

Act 2002 (c. 32), or

                  (b)                 a pupil referral unit as defined in section 19(2) of the 1996 Act,

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                    “responsible officer”, in relation to a parenting order, means one of the

following who is specified in the order, namely—

                  (a)                 an officer of a local education authority, and

                  (b)                 a head teacher or a person nominated by a head teacher,

                                 but a person falling within paragraph (b) may not be specified in the

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order without his consent,

                    “the 1996 Act” means the Education Act 1996 (c. 56),

                    “week” means a period of seven days beginning with a Sunday.

     (2)    In subsection (5) of section 8 of the Crime and Disorder Act 1998 (c. 37)

(parenting orders) after “such an order” insert “or a parenting order under any

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other enactment”.

Criminal conduct and anti-social behaviour

 24    Parenting contracts in respect of criminal conduct and anti-social behaviour

     (1)    This section applies where a child or young person has been referred to a youth

offending team.

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     (2)    The youth offending team may enter into a parenting contract with a parent of

the child or young person if a member of that team has reason to believe that

the child or young person has engaged, or is likely to engage, in criminal

conduct or anti-social behaviour.

     (3)    A parenting contract is a document which contains—

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           (a)           a statement by the parent that he agrees to comply with such

requirements as may be specified in the document for such period as

may be so specified, and

           (b)           a statement by the youth offending team that it agrees to provide

support to the parent for the purpose of complying with those

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requirements.

     (4)    The requirements mentioned in subsection (3)(a) may include (in particular) a

requirement to attend counselling or guidance sessions.

     (5)    The purpose of the requirements mentioned in subsection (3)(a) is to prevent

the child or young person from engaging in criminal conduct or anti-social

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behaviour or further criminal conduct or further anti-social behaviour.

     (6)    A parenting contract must be signed by the parent and signed on behalf of the

youth offending team.

     (7)    A parenting contract does not create any obligations in respect of whose breach

any liability arises in contract or in tort.

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Anti-social Behaviour Bill
Part 3 — Parental responsibilities

    23

 

     (8)    Youth offending teams must, in carrying out their functions in relation to

parenting contracts, have regard to any guidance which is issued by the

Secretary of State from time to time for that purpose.

 25    Parenting orders in respect of criminal conduct and anti-social behaviour

     (1)    This section applies where a child or young person has been referred to a youth

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offending team.

     (2)    A member of the youth offending team may apply to a magistrates’ court for a

parenting order in respect of a parent of the child or young person.

     (3)    If such an application is made, the court may make a parenting order in respect

of a parent of the child or young person if it is satisfied—

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           (a)           that the child or young person has engaged in criminal conduct or anti-

social behaviour, and

           (b)           that making the order would be desirable in the interests of preventing

the child or young person from engaging in further criminal conduct or

further anti-social behaviour.

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     (4)    A parenting order is an order which requires the parent—

           (a)           to comply, for a period not exceeding twelve months, with such

requirements as are specified in the order, and

           (b)           subject to subsection (5), to attend, for a concurrent period not

exceeding three months, such counselling or guidance sessions as may

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be specified in directions given by the responsible officer.

     (5)    A parenting order under this section may, but need not, include a requirement

mentioned in subsection (4)(b) in any case where a parenting order under this

section or any other enactment has been made in respect of the parent on a

previous occasion.

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 26    Parenting orders: supplemental

     (1)    In deciding whether to make a parenting order under section 25, a court must

take into account (amongst other things)—

           (a)           any refusal by the parent to enter into a parenting contract under

section 24 in respect of the child or young person, or

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           (b)           if the parent has entered into such a parenting contract, any failure by

the parent to comply with the requirements specified in the contract.

     (2)    Before making a parenting order under section 25 in the case of a child or a

young person under the age of 16, a court must obtain and consider

information about the child or young person’s family circumstances and the

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likely effect of the order on those circumstances.

     (3)    Subsections (3) to (7) of section 9 of the 1998 Act (supplemental provisions

about parenting orders) are to apply in relation to a parenting order under

section 25 as they apply in relation to a parenting order under section 8 of that

Act.

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     (4)    Members of youth offending teams and responsible officers must, in carrying

out their functions in relation to parenting orders, have regard to any guidance

which is issued by the Secretary of State from time to time for that purpose.

 

 

Anti-social Behaviour Bill
Part 4 — Dispersal of groups etc.

    24

 

 27    Parenting orders: appeals

     (1)    An appeal lies to the Crown Court against the making of a parenting order

under section 25.

     (2)    Subsections (2) and (3) of section 10 of the 1998 Act (appeals against parenting

orders) are to apply in relation to an appeal under this section as they apply in

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relation to an appeal under subsection (1)(b) of that section.

 28    Interpretation

In this section and sections 24 to 26

                      “anti-social behaviour” means behaviour by a person which causes or is

likely to cause harassment, alarm or distress to one or more other

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persons not of the same household as the person,

                      “child” has the same meaning as in the 1998 Act,

                      “criminal conduct” means conduct which—

                  (a)                 constitutes a criminal offence, or

                  (b)                 in the case of conduct by a person under the age of 10, would

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constitute a criminal offence if that person were not under that

age,

                      “parent” includes guardian,

                      “responsible officer”, in relation to a parenting order, means a member of

a youth offending team who is specified in the order,

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                      “the 1998 Act” means the Crime and Disorder Act 1998 (c. 37),

                      “week” means a period of seven days beginning with a Sunday,

                      “young person” has the same meaning as in the 1998 Act,

                      “youth offending team” means a team established under section 39 of the

1998 Act.

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Part 4

Dispersal of groups etc.

 29    Dispersal of groups and removal of persons under 16 to their place of

residence

     (1)    This section applies where a relevant officer has reasonable grounds for

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believing—

           (a)           that any members of the public have been intimidated, harassed,

alarmed or distressed as a result of the presence or behaviour of groups

of two or more persons in public places in any locality in his police area

(the “relevant locality”), and

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           (b)           that anti-social behaviour is a significant and persistent problem in the

relevant locality.

     (2)    The relevant officer may give an authorisation that the powers conferred on a

constable in uniform by subsections (3) to (6) are to be exercisable for a period

specified in the authorisation which does not exceed 6 months.

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     (3)    Subsection (4) applies if a constable in uniform has reasonable grounds for

believing that the presence or behaviour of a group of two or more persons in

any public place in the relevant locality has resulted, or is likely to result, in any

members of the public being intimidated, harassed, alarmed or distressed.

 

 

Anti-social Behaviour Bill
Part 4 — Dispersal of groups etc.

    25

 

     (4)    The constable may give one or more of the following directions, namely—

           (a)           a direction requiring the persons in the group to disperse (either

immediately or by such time as he may specify and in such way as he

may specify),

           (b)           a direction requiring any of those persons whose place of residence is

5

not within the relevant locality to leave the relevant locality (either

immediately or by such time as he may specify and in such way as he

may specify), and

           (c)           a direction prohibiting any of those persons whose place of residence is

not within the relevant locality from returning to the relevant locality

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for such period (not exceeding 24 hours) from the giving of the

direction as he may specify;

            but this subsection is subject to subsection (5).

     (5)    A direction under subsection (4) may not be given in respect of a group of

persons—

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           (a)           who are engaged in conduct which is lawful under section 220 of the

Trade Union and Labour Relations (Consolidation) Act 1992 (c. 52), or

           (b)           who are taking part in a public procession of the kind mentioned in

section 11(1) of the Public Order Act 1986 (c. 64) in respect of which—

                  (i)                 written notice has been given in accordance with section 11 of

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that Act, or

                  (ii)                such notice is not required to be given as provided by

subsections (1) and (2) of that section.

     (6)    If, between the hours of 9pm and 6am, a constable in uniform finds a person in

any public place in the relevant locality who he has reasonable grounds for

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believing—

           (a)           is under the age of 16, and

           (b)           is not under the effective control of a parent or a responsible person

aged 18 or over,

            he may remove the person to the person’s place of residence unless he has

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reasonable grounds for believing that the person would, if removed to that

place, be likely to suffer significant harm.

     (7)    In this section any reference to the presence or behaviour of a group of persons

is to be read as including a reference to the presence or behaviour of any one

or more of the persons in the group.

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 30    Authorisations: supplemental

     (1)    An authorisation—

           (a)           must be in writing,

           (b)           must be signed by the relevant officer giving it, and

           (c)           must specify—

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                  (i)                 the relevant locality,

                  (ii)                the grounds on which the authorisation is given, and

                  (iii)               the period during which the powers conferred by section 29(3)

to (6) are exercisable.

     (2)    Before the giving of an authorisation, consultation must take place with any

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local authority whose area includes the whole or part of the relevant locality.

 

 

Anti-social Behaviour Bill
Part 4 — Dispersal of groups etc.

    26

 

     (3)    Publicity must be given to an authorisation by either or both of the following

methods—

           (a)           publishing an authorisation notice in a newspaper circulating in the

relevant locality,

           (b)           posting an authorisation notice in some conspicuous place or places

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within the relevant locality.

     (4)    An “authorisation notice” is a notice which—

           (a)           states the authorisation has been given,

           (b)           specifies the relevant locality, and

           (c)           specifies the period during which the powers conferred by section 29(3)

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to (6) are exercisable.

     (5)    Subsection (3) must be complied with before the beginning of the period

mentioned in subsection (4)(c).

     (6)    An authorisation may be withdrawn by—

           (a)           the relevant officer who gave it, or

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           (b)           any other relevant officer whose police area includes the relevant

locality and whose rank is the same as or higher than that of the

relevant officer mentioned in paragraph (a).

     (7)    Before the withdrawal of an authorisation, consultation must take place with

any local authority whose area includes the whole or part of the relevant

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locality.

     (8)    The withdrawal of an authorisation does not affect the exercise of any power

pursuant to that authorisation which occurred prior to its withdrawal.

     (9)    The giving or withdrawal of an authorisation does not prevent the giving of a

further authorisation in respect of a locality which includes the whole or any

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part of the relevant locality to which the earlier authorisation relates.

     (10)   In this section “authorisation” means an authorisation under section 29.

 31    Powers under section 29: supplemental

     (1)    A direction under section 29(4)—

           (a)           may be given orally,

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           (b)           may be given to any person individually or to two or more persons

together, and

           (c)           may be withdrawn or varied by the person who gave it.

     (2)    A person who knowingly contravenes a direction given to him under section

29(4) commits an offence and is liable on summary conviction to—

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

           (b)           imprisonment for a term not exceeding 3 months,

            or to both.

     (3)    A constable in uniform may arrest without warrant any person he reasonably

suspects has committed an offence under subsection (2).

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     (4)    Where the power under section 29(6) is exercised, any local authority whose

area includes the whole or part of the relevant locality must be notified of that

fact.

 

 

 
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