Subjects:

Tort Law, Criminal Law

Stamping out anti-social behaviour is a high-profile Government target and rarely out of the headlines. Government initiatives have resulted in a mass of recent legislation including the Anti-social Behaviour Act 2003, the Clean Neighbourhoods and Environment Act 2005, and the Serious Organised Crime and Police Act 2005, which overlay existing legislation such as the Crime and Disorder Act 1998 and the Housing Act 1996.

Those who are tasked with tackling anti-social behaviour can only do so effectively if they have answers to the following questions:-

• What legal remedies are available to tackle anti-social behaviour?
• Which legal remedy is the most suited to tackle the problem at hand?
• Who can bring proceedings?
• Is it a civil or criminal matter?

This new work aims to answer these questions by providing a comprehensive guide to the legal framework in which Local Authorities, the Police, RSLs and others can use to deal with anti-social behaviour. This includes consideration of the decision-making process and the need to take into account an authority’s other statutory duties or powers (including obligations under the Human Rights Act 1998), as well as evidential considerations.

It deals with general powers to deal with anti-social behaviour as well as specific powers to tackle particular problems. There are also sections dedicated to landlords’ and landowners’ remedies (possession, trespass etc.), the maintenance of the local environment (litter, graffiti etc.), and the difficult issue of dealing with children and parents, including schools’ and LEAs’ powers to deal with bad behaviour.

Useful appendices include up to date statutory provisions, a list of ASBO prohibitions, and Government guidance and relevant websites