Law question on ASB, Crime and Policing Act 2014

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Law question on ASB, Crime and Policing Act 2014

Post: # 198173Post Tucker
Fri Oct 31, 2014 2:10 pm

Hi all,

I've been reading through the new Anti-social Behaviour, Crime and Policing Act 2014 which came into effect in October. It states within that "Sections 12 to 16 of the Criminal Justice and Police Act 2001 (alcohol consumption in designated public places) are repealed."

Am I right in thinking we no longer have the powers under this act to confiscate alcohol in designated public places?

I think this is replaced by the new Public spaces protection orders but I cannot see any councils that have set these up yet?

Anyone had any experience with this change of law?

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Re: Law question on ASB, Crime and Policing Act 2014

Post: # 198182Post Big Brother
Mon Nov 03, 2014 6:41 am

It's worth checking the old law to see if it has been repealed. If it has, then no you cannot enforce it any longer. If it hasn't been repealed then it can still be enforced.
I seem to think it hasn't been repealed, but it'll need checking on PNLD.
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Re: Law question on ASB, Crime and Policing Act 2014

Post: # 198361Post JimmyRiddle
Sat Dec 06, 2014 6:12 am

Is this it? Public Spaces Protection Order (PSPO) is the new term for designated space under the ASB ACt 2014: ... /2/enacted

(1)In Part 1 of Schedule 4 to the Police Reform Act 2002 (powers exercisable by community support officers), for paragraph 5 there is substituted—
“Alcohol consumption in restricted areas

5Where a designation applies this paragraph to any person, that person shall, within the relevant police area, have the powers of a constable under section 63 of the Anti-social Behaviour, Crime and Policing Act 2014 (consumption of alcohol in breach of prohibition in public spaces protection order)—
(a)to impose a requirement under subsection (2) of that section; and
(b)to dispose under subsection (5) of that section of anything surrendered to the person;and that section shall have effect in relation to the exercise of those powers by that person as if the references to a constable were references to that person.”
(2)In paragraph 1 of that Schedule (power of community support officers to issue fixed penalty notices), after paragraph (e) of sub-paragraph (2) there is inserted—
“(f)the power of a constable to issue a fixed penalty notice under section 68 of the Anti-social Behaviour, Crime and Policing Act 2014 (fixed penalty notice in respect of failure to comply with public spaces protection order).”
Power of arrest for PCSOs for 'as and when' - s24a PACE & common law (i.e. BoP) using s3 CLA 1967

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