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Behaviour (anti-social)


Answer

It is possible that this type of behaviour could constitute harassment. However, it would probably be best if you first made contact with your local community police officer who may be aware of other incidents or know the identity of the perpetrators.

The local authority can consider applying for anti social behaviour orders if young people are persistently causing a problem with nuisance activities.


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Fixed penalties do not count as criminal convictions but if you receive one this will be put on your record for a period of 2yrs and may be considered relevant in any enhanced disclosure certificate.


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It is important for the police to obtain as much information as possible with regards to the details of the car/bike and also the driver/rider and passengers. You do not have to disclose your details to the police if you are fearful of reprisals.

It is best to contact the police as soon as the cars/bikes arrive so that the police have a better chance of apprehending those responsible.You can report nuisance motor vehicles to your local police force via their 101 non-emergency number.


Answer

It is an offence to throw a firework in or into any road or public place. A person guilty of such an offence can liable to a fine of up to £5000.

It is an offence for a person under the age of eighteen years to possess certain types of fireworks in a public place.


Answer

An Anti Social Behaviour Order (ASBO) is a community-based order that places restrictions upon a person. The restrictions are linked to the type of anti social behaviour that the person was committing. An ASBO is the final stage of the process. The first stage is a "good behaviour" contract, if this is not successful then a warning letter is sent. If this stage fails then it is for the court to decide if the behaviour warrants an ASBO. Breach of an ASBO could render the individual liable to imprisonment.

For example, A is an alcoholic and every day frequents the village square and drinks alcohol and becomes rowdy and aggressive to passers by. If the first two stages have failed, then an ASBO could be granted to prohibit A from drinking in public and from causing harassment or being a nuisance and also create an exclusion zone that would prohibit him from entering the village square.


Answer

You should contact the police who will attend and deal with the young people appropriately. The police have powers to confiscate alcohol from young people under 18 years.

However, as a member of the public you could greatly assist the police by keeping your own diary of the behaviour. Ensure that you record as many details as possible, including times, dates, types of behaviour, names and/or descriptions.


Answer

Most quad bikes are only designed for off road use. They do not conform to regulations in relation to tyres, lights, horn, speedometer etc. and it is therefore illegal to use them on a road.

However, there are some road legal quad bikes and in order to be used legally on the road they must registered with the DVLA, taxed, insured and have an MOT. They must also comply with all the stringent constructions and lighting requirements. A local quad bike dealer should be able to help you if you want to know whether your quad bike is road legal or alternatively contact the Driver and Vehicle Standards Agency.

All terrain vehicles (Quad Bikes) can fall within categories B and B1. If the vehicle has 3 or 4 wheels and weighs more than 550kgs unladen it will fall within category B. Vehicles which weigh less than 550kgs unladen will fall within category B1. There is no legal requirement to wear a helmet but from a safety aspect it is always advisable to wear a proper helmet. A quad bike that is to be used on the road must display registration plates to the front and rear.

You can report these or any other nuisance motor vehicles to your local police force via their 101 non-emergency number.


Answer

A "car cruise" is a gathering of large numbers of car enthusiasts who meet at car parks where 'boy racers' show off their customised vehicles. A minority of these perform dangerous stunts and this, coupled with the sheer numbers of people, gives rise to causing fear to the public.

Whilst cruising in itself is not illegal, many of the cars involved do commit offences whilst taking part in the cruise, such as speeding, handbrake turns and criminal damage.

Some Police Forces are now treating the meetings as Anti-Social Behaviour and are asking people to leave.

The police would urge people not to take part and, if they do, to drive carefully and be mindful of the possible nuisance such events can bring on neighbourhoods.


Answer

If you know the details of a youth that is driving a go-ped (also known as buzz boards)/scooter/mini moto on the pavement then contact your local police station who will advise the youth and parents/ guardians of the safest use for these items.

You can report these and any other nuisance motor vehicles to your local police force via their 101 non-emergency number.


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If you know the names of the youths involved and the registration number of any vehicles involved, then contact Police Scotland by dialling 101. It is important to contact the police as soon as the youths in the cars arrive, as it will give the police a better chance of catching them.

The cars used are often what is known as pool cars and have no insurance, MOT and tax. If you are aware of where these cars are being left then contact the police so that they can take appropriate action.

You can report this or any other nuisance motor vehicles to your local police force via their 101 non-emergency number.


Answer

Aside from the legal issues, it is not safe for children to play on roads, however quiet they may be. This can also cause a nuisance for lots of people in the area who are wary of driving down the street for fear of knocking over a child, or who are getting their cars damaged.

It is an offence to play ball games on a public road if it is to the annoyance of road users. It is likely that ball games played on a public road will be to the immediate annoyance of road users. It is also a breach of bye-laws to play ball games to the annoyance of those living nearby.

If this is going on in your street, then contact your local neighbourhood policing team who will be able to offer advice and assistance.


Answer

Playing ball games despite a no ball games sign could be a breach of a by-law.

"No Ball Games" signs are not enforceable by the police. The matter should be reported to the Local council who will deal with the matter.


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Graffiti in Scotland can be treated as the common law crime of malicious mischief or the statutory offence of vandalism and if prosecuted the offender could face a fine or even imprisonment. The police can also issue fixed penalty fines for these offences.

Under 16's are not permitted to buy aerosol paint cans under the Anti-social Behaviour Scotland Act 2004.

Local authorities are responsible for cleaning up vandalism from public buildings and fixtures. They can also clean it from private buildings and can bill the owner for the work.

Graffiti should be initially reported to the local authority.

If you know someone who is causing graffiti, call Crimestoppers on 0800 555 111.


Answer

You should contact the local council for the area where the graffiti is located. If the graffiti is on council owned property or if it is offensive/racially abusive the council may be responsible for removing it. If not then the council may be able to advise you who to contact or remove the graffiti at a charge.

See the website in related information to find out your local council's details.


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You could be arrested for swearing in the street if your behaviour is such as to cause alarm to others. For example persistent shouting and swearing at passers by.


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The NSPCC (National Society for the Prevention of Cruelty to Children) has introduced a new helpline service for adults who are concerned about their children in relation to street gangs. The number is 0808 800 5000. Please see the links in the Related Information section.


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A dispersal order is used in a wide range of situations in order to offer immediate relief to the community. These powers enable officers to direct a person who has engaged/likely to engage in anti-social behaviour, to leave a specified area and not to return for a period of 48 hours. The 'specified area' cannot include the place where they live/work.

The officer must believe that the behaviour is contributing/likely to contribute to anti-social behaviour and/or crime in the area and as such using the powers would be necessary to reduce crime levels. It may include confiscation of items (e.g. alcohol) and is available to anyone that appears over 10 years of age.

An example of when dispersal powers may be used would be if an individual was consuming alcohol in a town centre and as a result was being verbally abusive to members of the public. Failure to comply is a criminal offence and can result in imprisonment and/or a fine.

For further information on these powers, we would advise that you contact your local policing team. You can do this via the non-emergency 101 number or alternatively by visiting your local force's website.


Answer

The Recorded Police Warning (RPW) Scheme has replaced the Formal Adult Warning scheme. The RPW scheme enables officers to deal with a wide range of low level offences by issuing a Recorded Police Warning, on the spot or retrospectively, in the form of a notice.

A significant number of cases reported to the Procurator Fiscal against adult offenders result in either no action being taken due to the minor nature of the offending or a non-court disposal being administered by the Procurator Fiscal.

The overlying principles of the Recorded Police Warning is that it provides officers with a more speedy, effective and proportionate means of dealing with low level offending. Officer discretion is required to ensure that the police response to low level offending is proportionate to the justice outcome.

The circumstances of each incident will be fully assessed by officers when deciding on whether to issue a Recorded Police Warning or take another course of action such as issuing an Anti-Social Behaviour Fixed Penalty Notice (ASB FPN) or submitting a formal prosecution report to the Procurator Fiscal.

If the warning is refused at the time of dealing with the offence, officers can escalate to an ASB FPN, or where no ASB FPN offence exists will report the case to the Procurator Fiscal. If the warning is accepted, the alleged offender has 28 days to appeal in writing. The appeal may result in a report being submitted to the Procurator Fiscal.

The warning can be issued to any person over the age of 16. It is not a finding of guilt but is an alternative to prosecution and will be recorded on the Criminal History System for a period of two years and can be taken into account should the offender come to the further notice of the police. The RPW could be considered for disclosure in relevant circumstances.

In order for a Recorded Police Warning to be issued the officer must ensure that there is sufficiency of evidence and the crime will be recorded on the crime recording system.