Anti-social Behaviour, Crime and Policing Act 2014 in Scotland
2014 c. 12 · Enacted 13 March 2014 · Extends to United Kingdom
An Act to make provision about anti-social behaviour, crime and disorder, including provision about recovery of possession of dwelling-houses; to make provision amending the Dangerous Dogs Act 1991, the Police Act 1997, Schedules 7 and 8 to the Terrorism Act 2000, the Extradition Act 2003 and Part 3 of the Police Reform and Social Responsibility Act 2011; to make provision about firearms, about sexual harm and violence and about forced marriage; to make provision about the police, the Independent Police Complaints Commission and the Serious Fraud Office; to make provision about invalid travel documents; to make provision about criminal justice and court fees; and for connected purposes.
[13th March 2014]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Contents
- Part A1: Respect orders
- Respect orders
- A1Power to make respect orders
- B1Section A1: meaning of “relevant authority”
- Contents of respect orders
- C1Power to exclude person from home in cases of violence or risk of harm
- D1Requirements included in respect orders
- Procedure
- E1Applications without notice
- F1Interim respect orders
- G1Variation and discharge of respect orders
- Breaches of respect orders
- H1Duty to give warning for breach of activity requirement
- I1Offence of breach of respect order
- Supplementary
- J1Requirement to carry out risk assessment
- K1Requirements to give notice of applications
- L1Special measures for witnesses
- M1Guidance
- N1Interpretation etc
- Injunctions
- 1Power to grant youth injunctions
- 1APower to grant housing injunctions
- 2Meaning of “housing-related anti-social conduct”
- Contents of injunctions
- 3Requirements included in injunctions
- 4Power of arrest
- Applications for injunctions
- 6Applications without notice
- Interim injunctions
- 7Interim injunctions
- Variation and discharge
- 8Variation or discharge of injunctions
- Breach of injunctions
- 9Arrest without warrant
- 10Issue of arrest warrant
- 11Remands
- 12Powers in respect of under-18s
- Exclusion from home
- 13Power to exclude person from home in cases of violence or risk of harm
- Supplemental
- 13ARequirement to carry out risk assessment
- 14Requirements to consult etc
- 15Appeals against decisions of youth courts
- 16Special measures for witnesses
- 17Children and young persons: disapplication of reporting restrictions
- 18Rules of court
- 19Guidance
- 20Interpretation etc
- 21Saving and transitional provision
- Criminal behaviour orders
- 22Power to make orders Repealed
- 23Proceedings on an application for an order Repealed
- 24Requirements included in orders Repealed
- 25Duration of order etc Repealed
- Interim orders
- 26Interim orders Repealed
- Variation and discharge
- 27Variation or discharge of orders Repealed
- Review of orders (under-18s)
- 28Review of orders Repealed
- 29Carrying out and participating in reviews Repealed
- Breach of orders
- 30Breach of order Repealed
- Supplemental
- 31Special measures for witnesses Repealed
- 32Guidance Repealed
- 33Saving and transitional provision Repealed
- 34Authorisations to use powers under section 35
- 35Directions excluding a person from an area
- 36Restrictions
- 37Surrender of property
- 38Record-keeping
- 39Offences
- 41Guidance
- 42Saving and transitional provision
- Chapter 1: Community protection notices
- Community protection notices
- 43Power to issue notices
- 44Occupiers of premises etc
- 45Occupier or owner unascertainable
- 46Appeals against notices
- Failure to comply with notice
- 47Remedial action by local authority
- 48Offence of failing to comply with notice
- 49Remedial orders
- 50Forfeiture of item used in commission of offence
- 51Seizure of item used in commission of offence
- 52Fixed penalty notices
- Who may issue notices
- Supplemental
- 54Exemption from liability
- 55Issuing of notices
- 56Guidance
- 57Interpretation of Chapter 1
- 58Saving and transitional provision
- Chapter 2: Public spaces protection orders and expedited orders
- Public spaces protection orders and expedited orders
- 59Power to make public spaces protection orders
- 59APower to make expedited public spaces protection orders
- 60Duration of public spaces protection orders
- 60ADuration of expedited orders
- 61Variation and discharge of orders
- Prohibition on consuming alcohol
- 62Premises etc to which alcohol prohibition does not apply
- 63Consumption of alcohol in breach of prohibition in order
- Restrictions on public rights of way
- 64Orders restricting public right of way over highway
- 65Categories of highway over which public right of way may not be restricted
- Validity of orders
- 66Challenging the validity of orders
- Failure to comply with orders
- 67Offence of failing to comply with order
- 68Fixed penalty notices
- Supplemental
- 70Byelaws
- 71Bodies other than local authorities with statutory functions in relation to land
- 72Public spaces protection orders: Convention rights, consultation, publicity and notification
- 72AExpedited orders: Convention rights and consents
- 72BConsultation and notifications after making expedited order
- 73Guidance
- 74Interpretation of Chapter 2
- 75Saving and transitional provision
- Chapter 3: Closure of premises associated with nuisance or disorder etc
- Closure notices
- 76Power to issue closure notices
- 77Duration of closure notices
- 78Cancellation or variation of closure notices
- Closure orders
- 80Power of court to make closure orders
- 81Temporary orders
- 82Extension of closure orders
- 83Discharge of closure orders
- 83APower of Secretary of State to change maximum duration of closure orders
- Appeals
- 84Appeals
- Enforcement
- 85Enforcement of closure orders
- 86Offences
- Supplemental
- 87Access to other premises
- 88Reimbursement of costs
- 89Exemption from liability
- 90Compensation
- 91Guidance
- 92Interpretation of Chapter 3
- 93Saving and transitional provision
- Absolute ground for possession: secure tenancies
- 94New ground for serious offences or breach of prohibitions etc
- 95Notice requirements for new ground
- 96Review requirements for new ground
- Absolute ground for possession: assured tenancies
- 97Corresponding new ground and notice requirements for assured tenancies
- Discretionary grounds: secure and assured tenancies
- 98Conduct causing nuisance to landlord etc
- 99Offences connected with riot
- Supplemental
- 100Restrictions where new possession proceedings in progress etc
- Community remedies
- 101The community remedy document
- 102Anti-social behaviour etc: out-of-court disposals
- 103Criminal behaviour: conditional cautions
- Response to complaints about anti-social behaviour
- 105ASB case reviews: interpretation
- Information relating to anti-social behaviour
- 105AProvision of information to Secretary of State
- Part 7: Dangerous dogs
- 106Keeping dogs under proper control
- 107Whether a dog is a danger to public safety
- Part 8: Firearms
- 108Offence of possessing firearm for supply etc
- 109Functions of Scottish Ministers under Firearms Acts
- 110Possession of firearms by persons previously convicted of crime
- 111Increased penalty for improper importation of firearms etc
- 112British Transport Police: Crown status under Firearms Act 1968
- Part 9: Protection from sexual harm and violence
- Protection from sexual harm
- 113Sexual harm prevention orders and sexual risk orders, etc
- 117Appeals against notices under section 116
- 118Offences
- 119Violent offender orders
- Part 10: Forced marriage
- 122Offence of forced marriage or forced civil partnership: Scotland
- Part 11: Policing etc
- 123Regulations to be prepared or approved by the College
- 124Codes of practice issued by the College
- 125Guidance by the College about employment of civilian staff
- 126Power to give directions to the College
- 127Charging of fees by the College
- 128Appointment of senior police officers as staff of the College
- 129Disclosure of information to the College
- 130The College and the IPCC
- Review bodies for police remuneration etc
- 131Abolition of Police Negotiating Board for the United Kingdom
- 133Consultation about regulations: England and Wales
- 135Application of IPCC provisions to contractors
- 136Application to IPCC of provisions about investigation of offences
- 137Provision of information to IPCC
- 138Unsatisfactory performance procedures following investigation of death or serious injury matter
- 139Recommendations by IPCC and requirement to respond
- 140Appointment of chief officers of police
- 141Financial arrangements etc for chief officers of police
- 142Grants to local policing bodies
- 143Powers of local policing bodies to provide or commission services
- Personal samples and DNA profiles
- 146Retention of personal samples that are or may be disclosable
- Miscellaneous
- 147Powers to seize invalid passports etc
- 148Port and border controls
- 150Jurisdiction of Investigatory Powers Tribunal over Surveillance Commissioners Repealed
- Part 12: Extradition
- Amendments of the Extradition Act 2003
- 155Date of extradition hearing
- 156Extradition barred if no prosecution decision in requesting territory
- 157Proportionality
- 158Hostage-taking considerations
- 159Request for temporary transfer etc
- 160Appeals
- 161Judge informed after extradition hearing or order that person is charged with offence or serving sentence in United Kingdom
- 162Asylum etc
- 163Consent to extradition not to be taken as waiver of speciality rights
- 164Definition of “extradition offence”
- 165Extradition to the United Kingdom to be sentenced or to serve a sentence
- 167Proceedings on deferred warrant or request etc
- 168Non-UK extradition: transit through the United Kingdom
- 169Extradition to a territory that is party to an international Convention
- 170Electronic transmission of European arrest warrant etc
- Time spent in custody awaiting extradition to the United Kingdom
- 172Discount on sentence for time spent in custody awaiting extradition: Scotland
- 174Criminal Procedure Rules to apply to extradition proceedings etc
- Part 13: Criminal justice and court fees
- 176Low-value shoplifting
- 178Protection arrangements for persons at risk
- 180Court and tribunal fees
- Part 14: General
- 181Amendments
- 182Orders and regulations
- 183Financial provision
- 184Extent
- 185Commencement
- 186Short title
- Introductory
- 1Paragraph 1
- Remand in custody or on bail
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- Remand for medical examination and report
- 5Paragraph 5
- 6Paragraph 6
- Further remand
- 7Paragraph 7
- Postponement of taking recognizance
- 8Paragraph 8
- Requirements imposed on remand on bail
- 9Paragraph 9
- Part 1: Introductory
- Power to make supervision order or detention order
- 1Paragraph 1
- Part 2: Supervision orders
- Supervision orders
- 2Paragraph 2
- Supervision requirements
- 3Paragraph 3
- Activity requirements
- Curfew requirements
- 5Paragraph 5
- Electronic monitoring requirements
- 6Paragraph 6
- “Responsible officer”
- 7Paragraph 7
- Amendment of operative period
- 8Paragraph 8
- Amendment on change of area of residence
- 9Paragraph 9
- Revocation of supervision order
- 10Paragraph 10
- Compliance with supervision order
- 11Paragraph 11
- Non-compliance with supervision order
- 12Paragraph 12
- Copies of supervision order etc
- 13Paragraph 13
- Part 3: Detention orders
- Detention orders
- 14Paragraph 14
- Revocation of detention order
- 15Paragraph 15
- Part 1: Making and revising review procedures etc
- Consultation: local policing bodies
- 1Paragraph 1
- Consultation: local providers of social housing
- 2Paragraph 2
- Dissatisfaction with ASB case reviews
- 3Paragraph 3
- Assessment and revision of review procedures
- 4Paragraph 4
- Part 2: Inclusion of local providers of social housing among relevant bodies
- Co-option arrangements
- 5Paragraph 5
- Part 3: ASB case reviews
- Consultation and co-operation: local providers of social housing
- 6Paragraph 6
- Information
- Part 4: General
- Joint review procedures or co-option arrangements
- 8Paragraph 8
- Different review procedures or co-option arrangements for different parts of an area etc
- 9Paragraph 9
- Schedule 5: Amendments of Parts 2 and 3 of the Sexual Offences Act 2003
- Introduction
- 1Paragraph 1
- Sexual harm prevention orders
- 2Paragraph 2
- 3Paragraph 3
- Sexual risk orders
- 4Paragraph 4
- 5Paragraph 5
- Application etc of orders
- 6Paragraph 6
- Service courts
- 7Paragraph 7
- 1Paragraph 1
- 2Paragraph 2
- 3Paragraph 3
- 4Paragraph 4
- 5Paragraph 5
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 1Prohibition on the identification of victims in publications
- 2Penalty for breaching prohibition imposed by paragraph 1(2)
- 3Offence under paragraph 2: defences
- 4Special rules for providers of information society services Repealed
- 5Special rules for providers of information society services
- 6Special rules for providers of information society services
- 7Special rules for providers of information society services
- 8Special rules for providers of information society services
- 9Interpretation
- Schedule 8: Powers to seize invalid passports etc
- Interpretation
- 1Paragraph 1
- Powers of search and seizure etc: ports
- 2Paragraph 2
- Powers of search and seizure etc: places other than ports
- 3Paragraph 3
- Powers of entry, search and seizure etc: constables
- 3AParagraph 3A
- Retention or return of documents seized
- 4Paragraph 4
- Offences
- 5Paragraph 5
- 6Paragraph 6
- Schedule 9: Port and border controls
- Examining officers
- 1Paragraph 1
- Time limits on examination without detention and on detention
- 2Paragraph 2
- Powers to search persons
- 3Paragraph 3
- Power to make and retain copies
- 4Paragraph 4
- Right of person detained under Schedule 7 to have someone informed and to consult a solicitor
- 5Paragraph 5
- Biometrics
- 6Paragraph 6
- Review of detention under Schedule 7
- 7Paragraph 7
- Codes of practice
- 8Paragraph 8
- Introduction
- 1Paragraph 1 Repealed
- Additional powers to issue fixed penalty notices
- 2Paragraph 2 Repealed
- Powers to issue fixed penalty notices: consultation with local authorities
- 3Paragraph 3 Repealed
- General power of seizure
- 4Paragraph 4 Repealed
- Powers with regard to charity collectors
- 5Paragraph 5 Repealed
- Power to stop cycles
- 6Paragraph 6 Repealed
- Schedule 11: Minor and consequential amendments
- Part 1: Amendments relating to Parts 1 to 6
- Magistrates' Courts Act 1980 (c. 43)
- 1Paragraph 1
- Housing Act 1980 (c. 51)
- 2Paragraph 2
- Highways Act 1980 (c. 66)
- 3Paragraph 3
- Police and Criminal Evidence Act 1984 (c. 60)
- 4Paragraph 4
- Prosecution of Offences Act 1985 (c. 23)
- 5Paragraph 5
- Housing Act 1985 (c. 68)
- 6Paragraph 6
- 7Paragraph 7
- 8Paragraph 8
- 9Paragraph 9
- 10Paragraph 10
- 11Paragraph 11
- 12Paragraph 12
- 13Paragraph 13
- 14Paragraph 14
- 15Paragraph 15
- 16Paragraph 16
- Housing Act 1988 (c. 50)
- 17Paragraph 17
- 18Paragraph 18
- 19Paragraph 19
- 20Paragraph 20
- Environmental Protection Act 1990 (c. 43)
- 21Paragraph 21
- Housing Act 1996 (c. 52)
- 22Paragraph 22
- 23Paragraph 23
- Crime and Disorder Act 1998 (c. 37)
- 24Paragraph 24
- 25Paragraph 25
- 26Paragraph 26
- 27Paragraph 27
- 28Paragraph 28
- 29Paragraph 29
- Criminal Justice and Police Act 2001 (c. 16)
- 30Paragraph 30
- Police Reform Act 2002 (c. 30)
- 31Paragraph 31
- 32Paragraph 32 Repealed
- 33Paragraph 33
- Licensing Act 2003 (c. 17)
- 34Paragraph 34
- 35Paragraph 35
- 36Paragraph 36
- 37Paragraph 37
- 38Paragraph 38
- 39Paragraph 39
- 40Paragraph 40
- Anti-social Behaviour Act 2003 (c. 38)
- 41Paragraph 41
- Clean Neighbourhoods and Environment Act 2005 (c. 16)
- 42Paragraph 42
- Government of Wales Act 2006 (c. 32)
- 43Paragraph 43 Repealed
- Violent Crime Reduction Act 2006 (c. 38)
- 44Paragraph 44
- 45Paragraph 45
- Crime and Security Act 2010 (c. 17)
- 46Paragraph 46
- Localism Act 2011 (c. 20)
- 47Paragraph 47
- 48Paragraph 48
- Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10)
- 49Paragraph 49
- Repeal of spent provisions etc
- 50Paragraph 50
- Part 2: Amendments relating to Part 9
- Criminal Procedure (Scotland) Act 1995 (c. 46)
- 51Paragraph 51
- 52Paragraph 52
- Police Act 1997 (c. 50)
- 53Paragraph 53
- 54Paragraph 54
- Crime and Disorder Act 1998 (c. 37)
- 55Paragraph 55
- Sexual Offences Act 2003 (c. 42)
- 56Paragraph 56
- 57Paragraph 57
- 58Paragraph 58
- 59Paragraph 59
- 60Paragraph 60
- 61Paragraph 61
- 62Paragraph 62
- 63Paragraph 63
- 64Paragraph 64
- 65Paragraph 65
- 66Paragraph 66
- 67Paragraph 67
- 68Paragraph 68
- 69Paragraph 69
- 70Paragraph 70
- 71Paragraph 71
- 72Paragraph 72
- 73Paragraph 73
- 74Paragraph 74
- 75Paragraph 75
- 76Paragraph 76
- 77Paragraph 77
- Protection of Children and Prevention of Sexual Offences (Scotland) Act 2005 (asp 9)
- 78Paragraph 78 Repealed
- 79Paragraph 79 Repealed
- Violent Crime Reduction Act 2006 (c. 38)
- 80Paragraph 80
- Armed Forces Act 2006 (c. 52)
- 81Paragraph 81
- Armed Forces Act 2011 (c. 18)
- 82Paragraph 82
- Part 3: Amendments relating to Part 11
- House of Commons Disqualification Act 1975 (c. 24)
- 83Paragraph 83
- Police Pensions Act 1976 (c. 35)
- 84Paragraph 84
- 85Paragraph 85
- Police and Criminal Evidence Act 1984 (c. 60)
- 86Paragraph 86
- Police Act 1996 (c. 16)
- 87Paragraph 87
- 88Paragraph 88
- 89Paragraph 89
- Police Act 1997 (c. 50) Not yet in force
- 90Paragraph 90 Not yet in force
- Police (Northern Ireland) Act 2000 (c. 32)
- 91Paragraph 91
- Freedom of Information Act 2000 (c. 36)
- 92Paragraph 92
- Police Reform Act 2002 (c. 30)
- 93Paragraph 93
- 94Paragraph 94
- 95Paragraph 95
- Equality Act 2010 (c. 15)
- 96Paragraph 96
- Police Reform and Social Responsibility Act 2011 (c. 13)
- 97Paragraph 97
- 98Paragraph 98
- 99Paragraph 99
- 100Paragraph 100
- Police and Fire Reform (Scotland) Act 2012 (Consequential Provisions and Modifications) Order 2013 (S.I. 2013/602) Not yet in force
- 101Paragraph 101 Not yet in force
- Repeal or revocation of spent provisions etc
- 102Paragraph 102
- Part 4: Amendments relating to Part 12
- Prison Act (Northern Ireland) 1953 (c. 18)
- 103Paragraph 103
- Extradition Act 2003 (c. 41)
- 104Paragraph 104
- 105Paragraph 105
- 106Paragraph 106
- 107Paragraph 107
- 108Paragraph 108
- 109Paragraph 109
- 110Paragraph 110
- 111Paragraph 111
- 112Paragraph 112
- 113Paragraph 113
- 114Paragraph 114
- 115Paragraph 115
- 116Paragraph 116
- 117Paragraph 117
- 118Paragraph 118
- 119Paragraph 119
- 120Paragraph 120
- 121Paragraph 121
- 122Paragraph 122 Not yet in force
- 123Paragraph 123
- 124Paragraph 124
- Part 5: Amendments consequential on establishment of Police Service of Scotland
- Terrorism Act 2000 (c. 11)
- 125Paragraph 125
- Counter-Terrorism Act 2008 (c. 28)
- 126Paragraph 126