ca110 crime and disorder act

stirling.gov.uk

ca110 crime and disorder act

-3-• reinforcing the tenants’ responsibilities to maintain their home, andnot prevent others from enjoying their tenancy4.3.3 The intention would be to draft such a Charter and consult with variousexisting tenants groups.4.4 Crime and Disorder Act 1998 - received Royal assent in on 31 July 1998and will come into force on 1 December 1998. There are a number ofsections which are relevant to Housing and Social Services.4.5 Anti Social Behaviour Order (ASBO) - section 19 of the Act defines antisocialconduct and behaving in an anti-social manner. Acting in an anti-socialmanner is acting in a way that has caused or was likely to cause alarm ordistress and pursuing a course of anti-social conduct means pursuing acourse of conduct that has caused or is likely to cause alarm or distress toone or more persons who are not members of the same household in theAuthority’s area. If it appears to a Local Authority that these conditions arefulfilled with respect to any person over the age of sixteen then the LocalAuthority may apply to the local sheriff for an ASBO. This order would beappropriate to deal with repeated unreasonable conduct which hassubstantially affected the normal enjoyment of a neighbourhood, or behaviourwhich intimidates other members of the community.4.5.1 There are some key features to note in the new ASBO:-• ASBO’s apply equally to all residents of the Local Authorityregardless of tenure• they are a civil preventative measure intended to complement, notsubstitute, criminal proceedings• a Local Authority seeking an ASBO requires close consultation withPolice• the Authority will be responsible for monitoring compliance if anASBO is granted• evidence from sources such as Council officers, tenants and Police(or combination of these) will be accepted in consideration ofgranting an ASBO4.6 Grounds for Eviction - section 23 of the Act amends both the Housing(Scotland) Act 1987 and 1988 to include anti-social behaviour as a ground forRecovery of Possession. This has implications for both public and privatesector landlords and is to be welcomed as it will assist in tackling disruptivebehaviour and drug dealing.4.6.1 The Crime and Disorder Act 1998 extends the grounds to recoverpossession of a property to include anti-social behaviour. The Actdoes not define anti-social behaviour, but criminal convictions obtainedfor certain criminal acts such as drug dealing, violence or intimidatingbehaviour may be used as part of the grounds for seeking eviction.4.6.2 The new Act also gives the Police new powers to search for and seize“noise making equipment”.


-4-5 POLICY IMPLICATIONS5.1 This is defined in the context of the Council’s Social Inclusion and CommunitySafety Policies and applies to all Stirling residents regardless of tenure type.6 CONSULTATIONS6.1 The Police have been consulted on the content of the Report and endorse apartnership approach to take this issue forward.7 RESOURCE IMPLICATIONS7.1 There are unknown resource implications resulting from the use of ASBO’sand the monitoring of such orders. There will be an additional workload as aresult, particularly in respect of the Council’s potential obligation in terms ofdisputes between house owners where we would have had no input in thepast.8 BACKGROUND PAPERS8.1


-5-Author(s)Name Designation Tel No/ExtensionDavid Bright Area Manager 432231Approved byName Designation SignatureJill PrestonDirector of Housing & SocialServicesDateReferenceCOMMITT.DOC

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