Anti-social Behaviour Act 2003 (c. 38)

(The document as of February, 2008)

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(ii) stating that payment of any amount paid by way of penalty was or, as the case may be, was not received on or before a date specified in the certificate,

to be received in evidence of the matters so stated,

(j) provision as to the action to be taken if a penalty is not paid in accordance with a penalty notice,

(k) provision for or in connection with the preparation of codes of conduct in relation to the giving of penalty notices,

(l) such other provision in relation to penalties or penalty notices as the Secretary of State thinks necessary or expedient.

(2) Without prejudice to the generality of subsection (1) or section 569(4), regulations under subsection (1)(b) may make provision for penalties of different amounts to be payable in different cases or circumstances (including provision for the penalty payable under a penalty notice to differ according to the time by which it is paid).

(3) Local education authorities, head teachers and authorised officers shall, in carrying out their functions in relation to penalty notices, have regard to any guidance which is published by the Secretary of State from time to time in relation to penalty notices.

(4) In this section and section 444A--

"authorised officer" means--
(a)
a constable,
(b)
an officer of a local education authority in England who is authorised by the authority to give penalty notices, or
(c)
an authorised staff member,
"authorised staff member" means--
(a)
a head teacher of a relevant school in England, or
(b)
a member of the staff of a relevant school in England who is authorised by the head teacher of the school to give penalty notices,
"penalty" means a penalty under a penalty notice,
"penalty notice" has the meaning given by section 444A(2),
"relevant school" means--
(a)
a maintained school,
(b)
a pupil referral unit,
(c)
an Academy,
(d)
a city technology college, or
(e)
a city college for the technology of the arts. "

(2) In section 572 of that Act (service of notices and other documents) for "served on any person may be served" substitute "served on, or given to, any person may be served or given".

(3) In paragraph 1(2) of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers of community support officers to issue fixed penalty notices) after paragraph (a) insert--

" (aa) the power of a constable to give a penalty notice under section 444A of the Education Act 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil); " .

(4) After paragraph 1(3) of that Schedule insert--

" (4) In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in sub-paragraph (2)(aa), sub-paragraph (1) shall have effect as if for the words from "who he has reason to believe" to the end there were substituted "in the relevant police area who he has reason to believe has committed a relevant fixed penalty offence". "

(5) In paragraph 2 of that Schedule (power to detain etc) after sub-paragraph (6) insert--

" (7) In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in paragraph 1(2)(aa), sub-paragraph (2) of this paragraph shall have effect as if for the words "has committed a relevant offence in the relevant police area" there were substituted "in the relevant police area has committed a relevant offence". "

(6) In paragraph 1(2) of Schedule 5 to that Act (powers of accredited persons to issue fixed penalty notices) before paragraph (b) insert--

" (ab) the power of a constable to give a penalty notice under section 444A of the Education Act 1996 (penalty notice in respect of failure to secure regular attendance at school of registered pupil); " .

(7) After paragraph 1(3) of that Schedule insert--

" (4) In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in sub-paragraph (2)(ab), sub-paragraph (1) shall have effect as if for the words from "who he has reason to believe" to the end there were substituted "in the relevant police area who he has reason to believe has committed or is committing a relevant fixed penalty offence". "

(8) In paragraph 2 of that Schedule (power to require giving of name and address) after sub-paragraph (3) insert--

" (4) In its application to an offence which is an offence by reference to which a notice may be given to a person in exercise of the power mentioned in paragraph 1(2)(ab), sub-paragraph (1) of this paragraph shall have effect as if for the words "has committed a relevant offence in the relevant police area" there were substituted "in the relevant police area has committed a relevant offence". "

(9) The National Assembly for Wales may by order amend sections 444A and 444B of the Education Act 1996 (c. 56) by removing the words "in England" in each place where they occur.

(10) Where an order is made under subsection (9), any functions of the Secretary of State under sections 444A and 444B of the Education Act 1996 which by virtue of the order become exercisable in relation to Wales are to be treated as if they had been transferred to the National Assembly for Wales by an Order in Council under section 22 of the Government of Wales Act 1998 (c. 38).

24 Interpretation

In this section and sections 19 to 21--

"the appropriate person" means--
(a)
in relation to England, the Secretary of State, and
(b)
in relation to Wales, the National Assembly for Wales,
"child of compulsory school age" has the same meaning as in the 1996 Act, and "child" is to be construed accordingly,
"head teacher" includes acting head teacher, teacher in charge and acting teacher in charge,
"local education authority" has the same meaning as in the 1996 Act,
"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,
"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,
"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 order without his consent,
"the 1996 Act" means the Education Act 1996 (c. 56).

Criminal conduct and anti-social behaviour

25 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.

(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--

(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 requirements.

(4) The requirements mentioned in subsection (3)(a) may include (in particular) a requirement to attend a counselling or guidance programme.

(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 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.

(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.

26 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 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--

(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.

(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 programme as may 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.

(6) A counselling or guidance programme which a parent is required to attend by virtue of subsection (4)(b) may be or include a residential course but only if the court is satisfied that the following two conditions are fulfilled.

(7) The first condition is that the attendance of the parent at a residential course is likely to be more effective than his attendance at a non-residential course in preventing the child or young person from engaging in further criminal conduct or further anti-social behaviour.

(8) The second condition is that any interference with family life which is likely to result from the attendance of the parent at a residential course is proportionate in all the circumstances.

27 Parenting orders: supplemental

(1) In deciding whether to make a parenting order under section 26, a court must take into account (amongst other things)--

(a) any refusal by the parent to enter into a parenting contract under section 25 in respect of the child or young person, or

(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 26 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 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 26 as they apply in relation to a parenting order under section 8 of that Act.

(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.

28 Parenting orders: appeals

(1) An appeal lies to the Crown Court against the making of a parenting order under section 26.

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

29 Interpretation and consequential amendment

(1) In this section and sections 25 to 28--

"anti-social behaviour" means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more other 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 constitute a criminal offence if that person were not under that age,
"guardian" has the same meaning as in the Children and Young Persons Act 1933 (c. 12),
"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,
"the 1998 Act" means the Crime and Disorder Act 1998 (c. 37),
"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.

(2) In section 38(4) of the 1998 Act (meaning of "youth justice services") after paragraph (e) insert--

" (ee) the performance by youth offending teams and members of youth offending teams of functions under sections 25 to 27 of the Anti-social Behaviour Act 2003; " .

Part 4 Dispersal of groups etc.

30 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 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

(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.

(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.

(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 not within the relevant locality to leave the relevant locality or any part of 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 or any part of the relevant locality 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--

(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 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 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 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.

31 Authorisations: supplemental

(1) An authorisation--

(a) must be in writing,

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

(i) the relevant locality,

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

(iii) the period during which the powers conferred by section 30(3) to (6) are exercisable.

(2) An authorisation may not be given without the consent of the local authority or each local authority whose area includes the whole or part of the relevant locality.

(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 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

(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

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

(10) In this section "authorisation" means an authorisation under section 30.

32 Powers under section 30: supplemental

(1) A direction under section 30(4)--

(a) may be given orally,

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

(2) A person who knowingly contravenes a direction given to him under section 30(4) commits an offence and is liable on summary conviction to--

(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).

(4) Where the power under section 30(6) is exercised, any local authority whose area includes the whole or part of the relevant locality must be notified of that fact.

33 Powers of community support officers

(1) Part 1 of Schedule 4 to the Police Reform Act 2002 (c. 30) (powers of community support officers) is amended as follows.

(2) In paragraph 2 (power to detain etc) after sub-paragraph (6)(a) insert--

" (aa) an offence under section 32(2) of the Anti-social Behaviour Act 2003; or " .

(3) After paragraph 4 insert--

" Power to disperse groups and remove young persons to their place of residence

4A Where a designation applies this paragraph to any person, that person shall, within the relevant police area, have the powers which, by virtue of an authorisation under section 30 of the Anti-social Behaviour Act 2003, are conferred on a constable in uniform by section 30(3) to (6) of that Act (power to disperse groups and remove persons under 16 to their place of residence).

4B (1) Where a designation applies this paragraph to any person, that person shall, within the relevant police area, have the power of a constable under section 15(3) of the Crime and Disorder Act 1998 (power to remove child to their place of residence).

(2) Section 15(1) of that Act shall have effect in relation to the exercise of that power by that person as if the reference to a constable in that section were a reference to that person.

(3) Where that person exercises that power, the duty in section 15(2) of that Act (duty to inform local authority of contravention of curfew notice) is to apply to him as it applies to a constable. "

34 Code of practice

(1) The Secretary of State may issue a code of practice about--

(a) the giving or withdrawal of authorisations under section 30, and

(b) the exercise of the powers conferred by section 30(3) to (6).

(2) The Secretary of State may from time to time revise the whole or any part of a code of practice issued under this section.

(3) The Secretary of State must lay any code of practice issued by him under this section, and any revisions of such a code, before Parliament.

(4) In giving or withdrawing an authorisation under section 30, a relevant officer must have regard to any code of practice for the time being in force under this section.

(5) In exercising the powers conferred by section 30(3) to (6), a constable in uniform or community support officer must have regard to any code of practice for the time being in force under this section.

(6) A code of practice under this section may make different provision for different cases.

35 Authorisations by British Transport Police

(1) For the purposes of the giving of an authorisation under section 30 by a relevant officer who is an officer of the British Transport Police Force, section 30(1) is to have effect as if for "in his police area" there were substituted "which forms part of property in relation to which he has all the powers and privileges of a constable by virtue of section 31(1)(a) to (f) of the Railways and Transport Safety Act 2003".

(2) Where such an authorisation is given by such an officer, section 31(6)(b) is to have effect as if for "whose police area includes the relevant locality" there were substituted "who is an officer of the British Transport Police Force".

36 Interpretation

In this Part--

"anti-social behaviour" means behaviour by a person which causes or is likely to cause harassment, alarm or distress to one or more other persons not of the same household as the person,
"local authority" means--
(a)
in relation to England, a district council, a county council that is the council for a county in which there are no district councils, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly,
(b)
in relation to Wales, a county council or a county borough council,
"public place" means--
(a)
any highway, and
(b)
any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission,
"relevant locality" has the same meaning as in section 30,
"relevant officer" means a police officer of or above the rank of superintendent.

Part 5 Firearms

37 Possession of air weapon or imitation firearm in public place

(1) In section 19 of the Firearms Act 1968 (c. 27) (offence to carry firearm in public place) for the words from "a loaded shot gun" to the end of the section substitute--

" (a) a loaded shot gun,

(b) an air weapon (whether loaded or not),

(d) an imitation firearm. "

(2) In Part I of Schedule 6 to that Act (punishment) in the entry relating to section 19--

(a) in the second column (general nature of offence) for "loaded firearm" substitute "firearm or imitation firearm", and

(b) in the third column (mode of prosecution) after "not" insert "in the case of an imitation firearm or".

(3) The following shall be inserted after paragraph 5 of Schedule 1A to the Police and Criminal Evidence Act 1984 (c. 60) (arrestable offences)--

" Firearms Act 1968

5A An offence under section 19 of the Firearms Act 1968 (carrying firearm or imitation firearm in public place) in respect of an air weapon or imitation firearm. "

38 Air weapons: age limits

(1) The Firearms Act 1968 shall be amended as follows.

(2) In section 22 (acquisition and possession of firearms by minors)--

(a) in subsection (4) for "fourteen" substitute "seventeen", and

(b) omit subsection (5).

(3) In section 23 (the heading to which becomes "Exceptions from s. 22(4)")--

(a) in subsection (2) omit "or (5)", and

(b) after subsection (2) insert--

" (3) It is not an offence under section 22(4) of this Act for a person of or over the age of fourteen to have with him an air weapon or ammunition on private premises with the consent of the occupier.

(4) But where a person has with him an air weapon on premises in circumstances where he would be prohibited from having it with him but for subsection (3), it is an offence for him to use it for firing any missile beyond those premises. "

(4) In section 24(4) (offence to give air weapon or ammunition to person under fourteen)--

(a) in paragraph (a) for "fourteen" substitute "seventeen", and

(b) in paragraph (b) for "that age" substitute "the age of seventeen".

(5) In Part I of Schedule 6 (punishment)--

(a) in the entry relating to section 22(4) in the second column (general nature of offence) for "14" substitute "17",

(b) omit the entry relating to section 22(5),

(d) after that entry insert--

" Section 23(4)

Person under 17 making improper use of air weapon on private premises.

Summary

A fine of level 3 on the standard scale.

Paragraphs 7 and 8 of Part II of this Schedule apply. " ,

and

(e) in the entry relating to section 24(4) in the second column for "14" substitute "17".

(6) In Part II of that Schedule (supplementary)--

(a) in paragraph 7 for "22(4) or (5), 23(1)" substitute "22(4), 23(1) or (4)", and

(b) in paragraph 8 for "22(3), (4) or (5), 23(1)" substitute "22(3) or (4), 23(1) or (4)".

39 Prohibition of certain air weapons

(1) The Firearms Act 1968 (c. 27) shall be amended as follows.

(2) In section 1(3)(b) after "air pistol" insert "which does not fall within section 5(1) and which is".

(3) In section 5 (weapons subject to general prohibition) after subsection (1)(ae) insert--

" (af) any air rifle, air gun or air pistol which uses, or is designed or adapted for use with, a self-contained gas cartridge system; " .

(4) If at the time when subsection (3) comes into force a person has in his possession an air rifle, air gun or air pistol of the kind described in section 5(1)(af) of the Firearms Act 1968 (inserted by subsection (3) above)--

(a) section 5(1) of that Act shall not prevent the person's continued possession of the air rifle, air gun or air pistol,

(b) section 1 of that Act shall apply, and

(c) a chief officer of police may not refuse to grant or renew, and may not revoke or partially revoke, a firearm certificate under Part II of that Act on the ground that the person does not have a good reason for having the air rifle, air gun or air pistol in his possession.

(5) But subsection (4)(a) to (c) shall not apply to possession in the circumstances described in section 8 of that Act (authorised dealing).

(6) In section 1 of the Firearms (Amendment) Act 1988 (c. 45)--

(a) in subsection (4), omit the word "or" at the end of paragraph (a) and after paragraph (b) insert-- " ; or

(c) any air rifle, air gun or air pistol which is not for the time being specified in that subsection but appears to him to be specially dangerous, " , and

(b) after subsection (4) insert--

" (4A) An order under subsection (4)--

(a) may provide for a provision of the principal Act to apply with or without modification or exception in relation to anything added to subsection (1) of section 5 by the order,

(b) may impose conditions in respect of any application, modification or exception provided for by the order (which may, in particular, include provision requiring a person to obtain a certificate in accordance with an enactment referred to or applied by the order),

(d) may confer a function on the Secretary of State or another specified person, and

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