As per the Section One of the Crime and Disorder Act a notion was developed that people who created a nuisance whereby their behaviour was considered as anti-social, for example a person started acting in an anti social way when the Act was commenced and his/her behaviour affects one or more person or if a person behaves in such a manner that it causes harassment to the other people in the society which in turn leads to other anti-social behaviour Anti - Social Behavior: A Result of Social Discrimination Introduction Human behavior is a product of innate qualities and environmental influence (Newman 70). The environment in which a child grows influences his development and growth (Newman 70). As a child grows, he is expected to interact with different people Some of these anti-social behaviors in my area include: rowdy and nuisance behavior by the youth, playing of loud music both during the day and late night hours, vandalism, graffiti and fly posting, taking over of public spaces by gangs, drug dealing and drug abuse, anti-social drinking, misuse of fireworks, dumping of rubbish and all manners of waste among many other behaviors
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We use cookies to give you the best experience possible. Noise is a constant source of complaints in many areas. The definition, which seems to cover all aspects of anti-social behaviour is that provided in the Crime and Disorder Act Anti-social behaviour is any behaviour that causes or is likely cause harassment, alarm or distress to one or more persons not of the same household as the perpetrator.
It is a problem, which crosses all types of tenure, and therefore social and private rented tenants as well as owner-occupiers are all vulnerable. In recent years, the government has recognised the problems caused by the anti-social behaviour of an unreasonable few, anti social behaviour essay. In this assignment I intend to identify the remedies available to Landlords in order to deal with anti-social behaviour. The first government proposals addressing the issue of anti-social behaviour were contained in the Department of Environment consultation paper entitled Anti-Social Behaviour on Council Estates: Consultation Paper on Probationary Tenancies DoE, The Conservative Party proposals were translated into legislation in the Housing Act and contained three main elements to tackle the issue of neighbour nuisance in the social rented sector.
This type of tenancy is designed to ensure that new tenants do not cause nuisance or annoyance to neighbours or anyone in the locality, anti social behaviour essay. There is no requirement to prove any ground for possession, nor is there any discretion on the part of the judge.
Certain anti social behaviour essay requirements, including offering an internal review of the decision, must be completed before possession can be sought in the Court. The introductory tenancy lasts twelve months and providing possession proceedings have not been commenced, converts automatically to a secure tenancy after this time. Tenants of social landlords are generally either secure or assured and as a result are subject to the provisions of either the Housing Act or the Housing Act Both Acts contain two relevant grounds and landlords can make use of the Courts in order to take action against any tenant for a breach of the tenancy and a specific ground relating to nuisance and illegal behaviour.
The grounds 2 in the Act and 14 in the Act were extended by the Housing Act The amendments made four anti social behaviour essay changes:. It would seem from research available that for serious cases of anti-social behaviour most landlords use the traditional remedy of seeking possession for breach of tenancy conditions.
Injunctions are another tool available to landlords. Section of the Housing Act,provides for application for an injunction against any persons not just tenants to prohibit that person from committing or threatening to commit violence.
A power of arrest may be attached and the police may arrest immediately, without reference to the Court. Section of the Housing Act,allows the Court to grant an injunction and attach a power of arrest to one or more provisions of the injunction, anti social behaviour essay, in relation to an injunction concerning the breach or anticipated breach of a tenancy condition, again in cases of violence or threatened violence.
likelihood of repetition required. Injunctions may be obtained against children in exceptional circumstances. The problem is that there is a lack of suitable means of punishment for breach. The leading case is Wookey v Wookey; Re: S a minor [] 3 WLR [] 3 ALL ER The Crime and Disorder Act CDA established the Local Crime and Disorder Reduction Partnerships.
The principle partners are police and the local authority. The Act also introduced a number of measures, which can be used by social landlords to contain anti-social behaviour. The most commonly used out of the above is the Anti-social behaviour order, which the police or local authority can apply for s1 1 but they must consult first s1 2. In deciding whether a defendant has acted in an anti social behaviour essay manner, the Court must disregard behaviour that is shown to be reasonable in the circumstances s1 5.
If the necessary conditions are proved then the Court may make an ASBO, which prohibits the defendant from doing anything that the Court considered necessary for the purpose of protecting persons anti social behaviour essay the area from further anti-social acts by the defendant. This could include banning defendants from a particular area for some or all of the time, e.
between 6pm and midnight. The order will have a minimum duration of 2 years, unless varied or discharged s1 7 7 8, anti social behaviour essay. It cannot be discharged in less than two years without the consent of both parties s1 9. If the person who is subject to the order is under 21 these powers are limited and affected by provisions in the Crime and Disorder Act.
However, the power of the Court to conditionally discharge those convicted is explicitly excluded by section anti social behaviour essay Daniel Collins in an article, which appeared in the New Law Journal anti social behaviour essay 15th Junereported that the Courts had made the task of the local authority in obtaining an ASBO simpler by following three earlier decisions.
Firstly, in Regina v Manchester Crown Court, ex parte McCann and Others, the Court of Appeal confirmed that proceedings to obtain such an order were civil and, as such, not subject to the stricter criminal rules of evidence; a balance of probabilities test would be applied upon application. The rationale is clear — the overriding purpose of this Act would be defeated if strict criminal rules were applicable.
Whereas intimidation of victims might previously have been an obstacle to witness testimony, this should no longer be the case. Further clarification has more recently been provided by Clingham v Kensington and Chelsea London Borough Council, anti social behaviour essay.
Here it was held that hearsay evidence comprising statements made by persons not available for cross-examination could also be included as evidence in any application. In essence, therefore, we have a civil piece of legislation providing criminal sanctions upon breach.
The government appear to have gone some way in addressing this problem and in their consultation paper Tackling Anti-Social Tenants proposes giving landlords sweeping powers to evict unruly tenants. The proposals coincide with changes in the Police Reform Bill, anti social behaviour essay, which received Royal Assent on 24th July anti social behaviour essay At the moment only the police or local authority have this power.
The Homelessness Act — includes powers to enable local authorities to decide that an application for housing has been guilty of unacceptable behaviour serious enough to make him or her an unsuitable tenant. The Noise Act — Intended to provide swift resolution to certain types of noise nuisance.
Protection from Harassment Act — Although this Act was brought in primarily to deal with the issue of stalking, its provisions can be used to deal with problems of harassment including racial harassment on housing estates. They are seen as a way in which local authorities can intervene at an early stage to stop the behaviour and to warn the family of possible repercussions should the behaviour continue.
These types of contracts are aimed at year olds, although it is flexible. They are not legally binding but can be cited in Civil Court for an application for a Possession Order or at a Magistrates Court in support of an ASBO, anti social behaviour essay.
When a landlord is intending to take action for anti-social behaviour they must take into account the provisions contained within the Human Rights Actanti social behaviour essay, in particular:. Social landlords must show, if challenged, that they have considered the options available to them that their aim is legitimate and the action is necessary and proportionate.
It is recommended that for each case a human rights audit be completed. The impact of Article 8, and in particular the need for action anti social behaviour essay authorities to be proportional was considered in Lambeth L. v Howard [] 33 HLR 58, C. In an article published in the Legal Executive in MarchDaniel Collins reported that in this case the Court had no hesitation in finding that an outright possession order was necessary in order to uphold the law and pursue the legitimate aim of protection of the rights and freedom of others.
There is an argument that all efforts should be made to rehabilitate the offenders as evicting a family is only moving the problem somewhere else. However, not everyone guilty of anti-social behaviour can be or is willing to be rehabilitated, therefore, eviction must also be anti social behaviour essay remedy for landlords to ensure that their estates do not become no go areas and that the innocent residents can have peace of mind and feel safe in their homes, without the fear of violence and intimidation.
As shown in this assignment there are legal remedies available to landlords in order for them to take action against anti-social tenants, however, they should not see legal remedies as their only way of solving the problem. As with anything, prevention is better than cure and this should be the basis of their housing management practice.
The actions of landlords have an impact on their tenants and the way in which they behave. If tenants are given an opportunity to become involved in the decisions that affect them they will have a greater sense of ownership, anti social behaviour essay.
Nevertheless, there will always be the minority who do not wish to take responsibility for the area in which they live or the wider community. Therefore, anti social behaviour essay, landlords must have the policies and procedures in place to deal with reports of anti-social behaviour effectively and efficiently.
They should also bear in mind liability for third party nuisance. A local authority may be found liable for nuisance if they fail to take any action. In this case the authority failed to take any anti social behaviour essay for five years. Sorry, but copying text is forbidden on this website.
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Jump the queue with a membership plan, get unlimited samples and plagiarism results — immediately! Anti-Social Behaviour Essay Sample The whole doc is available only for registered users OPEN DOC. Pages: Word count: Category: Download Essay. A limited time offer! Get a custom sample essay written according to your requirements urgent 3h delivery guaranteed Order Now. The definition, which seems to cover all aspects of anti-social behaviour is anti social behaviour essay provided in the Crime and Disorder Act Anti-social behaviour is any behaviour that causes or is likely cause harassment, alarm or distress to one or more persons not of the same household as the perpetrator.
Legal Remedies The first government proposals addressing the issue of anti-social behaviour were contained in the Department of Environment consultation paper entitled Anti-Social Behaviour on Council Estates: Consultation Paper on Probationary Tenancies DoE, Probationary Tenancies These allow Local authorities to grant introductory tenancies rather than a secure tenancy.
Extended grounds for possession Tenants of social landlords are generally either secure or assured and as a result are subject to the provisions of either the Housing Act or the Housing Act New forms of Injunctions Injunctions are another tool available to landlords. The Crime and Disorder Act The Crime and Disorder Act CDA established the Local Crime and Disorder Reduction Partnerships.
The most significant provisions are: i, anti social behaviour essay. Parenting Orders iii. Child curfew schemes iv. Child safety orders v.
Duty on police and local authorities to liaise vi, anti social behaviour essay. Duty on local authorities to establish youth offending teams vii. Detention and training orders viii. Racially aggravated offences ix. Abolition of doli incapax age of criminal responsibility between anti social behaviour essay and 14 years of age x.
Removal of trust xi.
Trauma, Antisocial Behavior and the Brain
, time: 43:52Understanding Anti-social Behavior | Fresh Essays Samples
What they fail to realize is that anti social behaviors such as drug dealing, illegal drug taking, bullying of vulnerable families, graffiti, littering and breaking windows bring about great discomfort to the society and significantly affects the society’s way of life. According to research statistics, the police Continue reading Section 30 of the Anti-Social Behavior Order provides local authorities to tackle anti-social behavior committed by groups of people. Such orders are placed on certain areas at different times. The areas could be as small or as large as necessary, as long as there is evidence of anti-social behavior there Jul 16, · Anti-social behavior in the Society. Social interaction is one way that brings people together to understand the social structure of a given culture and the powerful ability of social cohesion (Ring et al., ). With an increasing population, majority of people living in a diversified community full of ethnic groups have learned to appreciate each other culture through social
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