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Colin Beaumont graduated in law
in 1981 and qualified as a Barrister in 1982. He worked for many years in the
Magistrates’ Court service until 1996 when he re-qualified as a Solicitor and
joined a large criminal legal aid practice. He became a partner with the firm.
He retired as a solicitor in 2016 and has returned to his Inn of Court at The
Inner Temple. Colin has been teaching the profession for the last 25 years and
continues to do so.
Hello on. Welcome to this. 20 minute bite side Webinar Hubble Data Lord, that my name is Colin Beaumont. We've got 20 minutes. It will pass very quickly. We've got a dozen points on the Antisocial Behavior, Crime and Policing Act 2000 and 14. So let's go to the first slide on deal with points one and two. President, The act received royal Assent on the 13th of March, 2000 and 14 and it's being brought into force on a piecemeal basis by statutory instrument, Please, if you're dealing with a section of P and please do make sure that that particular section is actually in force The way to do this, of course, is to have a look at the very latest statutory instrument. You'll find them all legislation doc up top UK when you located the very latest one. Look at the shed room in the back of it. It should hopefully contain a table of all the previous statutory instruments that have been brought in on the dates upon which they were brought in under 11 statutory instrument which brought them into fox. The next planetary knows of also well worth a read in relation to this piece of legislation on May 2 can be found a legislation dark out. There are 14 paths to the act, so we're not going to be able to cover the entire interior bit in this short 20 minute webinar. Yes, I'm looking. Paul Born Part one, deals with civil injunctions as beans. I have no idea whether you get involved as peace. They're obtainable from the county, cool or the high court in the case of a person aged 18 plus Oh, they're obtainable from the youth court, where the person is 17 well below. You may find yourself representing Incline, who is 18 over, and they're still in the youth call. Why? Well, because they're part of a group. One of that group is 17 or below. That means everybody is dealt with in the youth. Cool as beast, antisocial behavior, injunctions 0.3. Why? Why is that an application for as being well, the allegation is that this person, these people are causing others harassment, alarm or distress. They are behaving generally in an anti social manner. Civil standard here, saying permissible balance of probability means are they engaged in behavior which causes others harassment, alarm or distress applications as bays often used by social landlords with difficult tenants. Hold the NHS. I know in the case of someone 18 or over, it's going to be dealt with the county coal, but it doesn't matter. They are covered, and you could do with the And I've spoken to lawyers who have gone to the county court to deal with these as best, sometimes contested, sometimes no payment rates. See paragraph six of statutory instrument 2016 number 313 and now the same payment rates for breaches as well. Length of the orders. How long can I as be last four? Well, maximum period of 12 months if under 18 17 warming up specifying period boy definite order. If the client is 18. Thus breach is an Events carry two years on indictment, so you're definitely going to be given a related order. But reach two years on indictment. If 18 Gus if 17 well below down to 10 creatures may be dealt with by way of supervision or detention, there are woman for an arrest. In other words, arrest powers may be contained within the actual as Spain. All it maybe there's an application to the court for want of a rest for a person in breach of an aspect, whether it's the initial application. Oh, it's a breach. Remember, 18 and over. All of these matters are dealt with in the county called They are not dealt With in Your local magistrate called You will only find yourself in the local magistrate called if it's a youth court, because one of them is 17 orbit points. Five in six part two deal was reading criminal behavior orders. These are orders available upon conviction. They are ancillary to a criminal conviction they all know founded on orders you've course could make them. Magistrate's court can make ground courts could make them they have effectively replaced as bones as Bo's. Remember, were either ancillary or stand alot. Of course, not so with criminal behavior orders, which are only available as an ancillary order upon conviction. The test for a criminal behaviour order that the offender the client has engaged in behavior that was likely to cause harassment, alarm or distress on harassment, alarm or distress aspect that must be proven to the criminal standard of proof beyond a reasonable doubt, satisfied so that the court is short, prohibitions may be pulled with the criminal behavior over. Well, requirements may be part of a criminal behaviour order. 0.6, you say, is permissible because, of course, strictly speaking, we're not dealing with a trial. We are dealing with the hearing to decide whether or no a criminal behaviour order should be made. And in my experience, these these applications that may well be heard on the day. And it may well be that the client agrees to terms of the order. Or it might be there some negotiations to the terms of the order. Or it might be that the very basis of the order is contested. Anyone happen only day Hey, say is permissible. If under 18 the order is for you Big experience of between one and three years of 18. Plus the order can be made for two years or more or any definite period, but the minimum period have a criminal behaviour order for an adult. 18 plus is two years breach Well, very similar to breach of the old ASBO criminal event triable either way. Five years on indictment for someone 18 0.78 17 Section 106 of the act gave us Section 22 of the Magistrates Courts Act 1980. No value shop there. Summary only, but the weirdest summary invention ever see because, of course, he can relay. It's just that the Magistrates aren't decline jurisdiction. It's no value shop left amount of £200 or below. The police made prosecute uncontested matters. You don't need the CPS. You could attempt the crime, which is rather than usual, because normally you can't attempt a summary paints. Surges of premise, ease and vehicles are permitted, which is unusual. It's normally it has to be indicted Ble, in other words, indicted will only or tribal either way in order for there to be a surge of crevice ease or searchers of vehicles Seen pace, you're an entry in order to arrest the person. Well, I'm usually that's normally debatable. Again, Under pace really died on defense. Can it be charged more than six months after the commission date the offense if it's a summary events, but my view for what it's worth, is that he can't I can't give you a village amounts along that, but I know there's a case that's just recently gone to the high court. So we're going to get a high court decision on that placate part. Three deals with dispersal powers directing people to leave and not return within 48 hours. An officer of inspector rankle above must authorize boy specific locality to last for a maximum of 48 hours. Failure to comply with the order to disperse is a crime carrying a Level four level full fine, which is, you know, is 2.5 £1000 on Doel, three months imprisonment points. 1910 0.9 Sexual harm prevention orders were created by the sexual risk Orders were created by this act. Sexual Harm Convention. There's available as an ancillary order that where your client is convicted of an offence under Section three or shaped, you'll find of the Sexual Offences Act 2003. Minimum five years. The water main hours longer, but he said medium out a five years it could be putting definite period breach is either way. Five years funny dime sexual risk organs these air applying for buying Complaint the police in your local Magistrates court No conviction. Look why it's a complaint. The police have concerns about the behavior at this particular person whereby they want him or her to be made the subject. Have a sexual disorder minimum two years, five years if you breach the order. Queen 10. Part seven. Keeping dogs under proper control This act greatly increased the penalties available to the court in relation to people who don't keep their dogs under control. It's now 14 years as a maximum penalty on indictment if you'll don't causes someone's death five years on indictment if your dog injures someone three years on indictment, if an assistance dog is killed or injured and as a result, of course, of these greatly enhanced penalties brought about by the act, the sentencing camps all have to radically older all of its guidelines in this area. So do please, please, if ever you're dealing with a dog case that do, make sure your familiar with the document published by the Sentencing Council in relation to guidelines concerning dogs points 11 controlled 11 section 126 of this act made the breach of a forced marriage protection order on offense carrying five years running time. The act also says that when you're re meeting a fine. If you want to remain a farm, you you must admit that percentage equivalent of the victim surcharge as what. Section 177. Abolish the defensive marry toe koa should Section 143. Community protection notice er's Remember the legislation is all about anti social behavior. Section 143 and A moves the police to serve a community. Potentially notice upon someone takes that thanks to stop your dog escaping, because when you escape escapes, it causes stoppings. I haven't company here, but another part of antisocial behavior, of course, is some is littering, and that's dealt with in the legislation as well. Get a fixed penalty notice now but literally patrolled party firearms Section 108 They could serve your sentence of between three months and three years, as you know, bans you from keeping firearms for five years more than three years, and your ban is permanent. This act extended the law to cover suspended sentences, so if you're now given a suspended sentence is you know a sentence may be suspended. Anything up to 12 months in the magistrate called two years, of course, of the Crown Court and it could be suspended, but not less on six months. Normal that two years. So if you're given a suspended sentence now of between three months on defectively two years because that's the maximum sentence, of course that you could be given. If the term is to be suspended then, of course, you can't be barred from keeping firearms for five weeks. The band, of course, to be permanent, won't apply if the sentence is to be suspended because you can't get three years if the sentences to be suspended, the maximum term of a sentence this que to be suspended by crown call judge is one of two years. The act also extended the law to include antique firearms as well. So before this legislation came into force, of course you could possess on anti pile. Now you come well, you can. But it said in instances, if you're convicted in relation to the possession of antique firearms under the firearms Act, then of course you may well be a circuit to a ban. Even if that sentence is suspect. Well, there you are. I think we probably come to the end. Done about 20 minutes just a quick run through of the anti social behavior legislation Again, I made the point earlier. Do check. There's an awful lot in the act. Do check other. The part you're dealing with is in force. What? All that really remains this. Me too. Thank you. I'm a hard data law for watching this webinar for listening to may I know I've done a number of these recently. Been later, Lord. So I look forward to your company again. You in relation to another act. Thank you very much.
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