NALC Legal Topic Notes: Policing

This page contains Legal Topic Notes which include information on Policing.

 

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[13] POLICING YOUR AREA

 

Under section 17 of the Crime and Disorder Act 1998 (“the 1998 Act”) a local council has a duty to:

 

exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area (including anti-social and other behaviour adversely affecting the local environment) and (b) the misuse of drugs, alcohol and other substances in its area and (c) re-offending in its area.

 

The duty in section 17 was extended by the Police and Justice Act 2006 (“the 2006 Act”) and the Policing and Crime Act 2009 (“the 2009 Act”).


 

[69] ANTI SOCIAL BEHAVIOUR ORDERS (ASBOS) AND HARASSMENT

 

Anti-Social Behaviour Orders (ASBOs) are made pursuant to the Crime and Disorder Act 1998 as amended by the Police Reform Act 2002 and the Anti Social Behaviour Act 2003. Local councils do not currently have the power to apply for ASBOs. However NALC appreciates that anti-social behaviour is an important issue for local councils and this Note is intended to give them an overview of the provisions so that appropriate representations can be made to those who do have the power to apply for them.

 

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[70] CLEAN NEIGHBOURHOODS AND ENVIRONMENT ACT 2005

 

Local councils have a number of powers to control litter pursuant to the 2005 Act. Those powers are set out in detail in LTN 16 (Control of Litter) and are not discussed further in this LTN. The purpose of this Note is to advise local councils of the powers of principal authorities under the 2005 Act so that local councils can make appropriate representations to them in appropriate cases.

 

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