Anti-social Behaviour Law covers both general powers to deal with anti-social behaviour and specific powers to tackle particular problems. There are sections dedicated to landlords' and landowners' remedies, the maintenance of the local environment, and the difficult issue of dealing with children and parents. Useful appendices include up-to-date statutory provisions, a list of ASBO prohibitions, and government guidance and relevant websites.

This new edition includes new chapters on Closure Notices, Gang Injunctions, and Nuisance on NHS premises as well as a new section on Drinking Banning Orders. It considers the changes brought about by the Crime and Security Act 2010 and the Criminal Justice and Immigration Act 2008 as well as the ongoing operation of existing legislation, together with recent case-law and other developments such as government guidance. It also looks at the proposed changes to ASBOs and related orders.

Anti-social Behaviour Law is essential reading for solicitors and barristers specialising in this area of law, professionals dealing with anti-social behaviour issues in local authorities, RSLs and housing trusts, the police, Youth Offending Teams and schools.

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Jack Anderson, Paul Greatorex, Damian Falkowski and Benjamin Tankel
All Barristers, 4-5 Gray’s Inn Square

To read the full contents of Anti-social Behaviour Law click here

Introduction

• Relevant Bodies, Powers and Duties
• Evidential Considerations
  

 General Powers for Dealing with Anti-social Behaviour

• Powers of Police Officers and Police Civilians and General Criminal Offences
• Byelaws
• Anti-social Behaviour Orders
• Harassment 
• Local Authority Injunctions under Section 222 of the Local Government Act 1972 211
  

Landlords’ and Landowners’ Remedies and Nuisance/Misuse of Land

• Landlords’ Remedies
• Landowners’ Remedies and Property Remedies
• Closure Notices 
• Noise and Statutory Nuisances
  

 Children

• Remedies Specifically for Children and Young Persons
• Remedies Against Parents
• Education Remedies: Schools and Local Education Authorities 
  

 Specific Remedies

• Alcohol and Public Drunkenness
• Animals
• Begging
• Drug Dens
• Fireworks 
• Graffiti and Fly-posting
• Litter, Fly-tipping and Household Waste
• Motor Vehicles, Taxis, Bicycles etc
• Obstructions on the Highway and Annoyances in the Street
• Prostitution and Related Issues
• Raves 
• Nuisance or Disturbance on Hospital Premises 
• Gang Injunctions

Appendices

Index

"Should have broad appeal to both civil and criminal lawyers, as well as police officers and others involved in training. Case law coverage is superb"
Crimeline

"Excellent ... invaluable for anyone tasked with obtaining or, for that matter, fighting an ASBO."
Thames View

This second edition is considerably larger than the first and this reflects the continuing attention that the subject of anti-social behaviour has received both from the legislature and from the courts. If the basic principles are now well-established, their application in particular cases can remain contentious.
Successive governments have both amended existing legislation and introduced new tools to address anti-social behaviour since the first edition of this book.

At the time this edition goes to press, the current government has embarked on a consultation on ‘More effective responses to anti-social behaviour’. The new government claims that it is necessary to move beyond the ASBO but proposals for a new Criminal Behaviour Order and Crime Prevention
Injunction might be seen rather to build on and adapt the classic anti-social behaviour order than to represent a radical departure. We do not consider the government’s proposals in detail as the consultation is at an early stage but we suspect and hope that much of the material on ASBOs covered in this book will be of use under the new regime, whatever shape it finally takes.

In addition to covering the substantial new case law that has emerged across the various topics addressed in this work, there are several new chapters.  Specific provision has now been made in relation to causing nuisance and disturbance on NHS premises and a new gang-specific injunction has been devised specifically to address the problem of involvement with gangs. Closure notices and orders, originally introduced specifically to deal with drug dens, can now also be sought in relation to premises associated with anti-social behaviour more generally (see Chapter 11) and premises associated with certain prostitution and pornography related offences (see Chapter 25).

We have tried to state the law as at 21 March 2011.

We wish to thank again those of our colleagues who contributed to the first edition of this work (in particular Lisa Busch, Chris Buttler, Andrew Fraser-Urquhart, Saima Hanif, Richard Humphreys QC and James Strachan) and who have discussed certain issues in relation to this second edition, in
particular Philip Coppel QC and Paul Greatorex.

Finally, we would like again to offer our thanks to Tony Hawitt at Jordans for his support and, above all, patience in putting together this second edition.

Jack Anderson
Damian Falkowski
Benjamin Tankel
4–5 Gray’s Inn Square
21 March 2011

FOREWORD TO THE FIRST EDITION

Anti-social behaviour by adults and young people brings misery and havoc to
the communities in which it occurs. In recent years we have taken great steps
towards tackling this by giving public bodies the powers they need to take
action and to ensure the unacceptable behaviour of a few individuals and
families towards those around them is not allowed to go unchecked. I have
made it a priority for this government to continue this work and to do even
more to strengthen communities by promoting the values of respect and
responsibility. We are determined to do as much as we can to support those
who have the task of dealing with anti-social behaviour, but this is no good if
they are not sufficiently aware of the powers that they have. The laws in this
area are as varied as the problems which exist, and by drawing them all
together in one place this book provides an invaluable service. It will enable
practitioners to make informed and appropriate decisions about how to tackle
the problems they face most effectively, and as such I am delighted to offer
these words of support.

The Prime Minister, Tony Blair
March 2006

From Chapter One:

At the time of writing the second edition, Home Secretary Theresa May has embarked upon a consultation on more effective responses to anti-social behaviour but while there appears to remain a consensus that anti-social behaviour is a problem, the concept remains elusive.

The panoply of powers and remedies covered in this book shows that, in very many cases, there will be more than one remedy or course of action open to a body trying to deal with anti-social behaviour. Whilst it can be an advantage to have such a choice, it also means that the decision about which remedy to pursue must be made carefully. The powers that local authorities and other public bodies have been given in recent years to tackle anti-social behaviour are considerable and the courts will be astute to see that these powers are not exercised unfairly or otherwise unlawfully.