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Anti-social behaviour

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Nitrous oxide is a colourless gas, also known as ‘laughing gas’. 
 
Nitrous oxide is a Class C drug and it is an offence to possess it unless it can be shown it was possessed for one of the legitimate statutory exemptions. Nitrous oxide has widespread legitimate uses, including in medical, dental, and veterinary settings and those with a legitimate reason for possessing the substance will be exempt from the ban.
 
However, possession with the intent to wrongfully inhale the substance or to supply to another person for it’s wrongful inhalation is an offence. ‘Wrongful inhalation’ means inhalation for purposes other than medical or dental purposes or of nitrous oxide that has been released into the atmosphere. It includes inhalation for the substances psychological effects and the offence is designed to prevent people recreationally inhaling the substance for this reason. 
 
The consequences for the offence of unlawful possession could include an unlimited fine, a visible community punishment, a caution and for repeat serious offenders, a prison sentence.
 
It is also an offence to import, export, produce or supply nitrous oxide where a person intends to wrongfully inhale the substance or where the individual knows, or is reckless as to whether, it is likely that another person will wrongfully inhale it.
 
There are serious health risks associated with the use of nitrous oxide, heavy use can result in neurological damage and even death due to the risk of falling unconscious and/or suffocating from the lack of oxygen.

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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 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.

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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.

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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.

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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.

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The police have statutory and common law powers to deal with cars playing loud music. Police will issue a warning to those creating noise nuisance, and can thereafter seize the noise making equipment should the person fail to desist.

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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.

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The police do have a number of powers to deal with problems such as these. One of the powers that the police possess is to seize a vehicle causing alarm, distress or annoyance. The car must be being used in such a way that it commits the offence of driving without due care or driving on footpath, moorland, bridleway etc and that the vehicle is being used anti-socially (i.e it is causing alarm, distress or annoyance). There are other requirements that the police have to carry out before the car can be seized.

It is also an offence to use, (cause, permit) a motor vehicle to cause excessive noise which could have been avoided by the driver exercising reasonable care.

From a practical point of view, a police officer will usually need to be present to witness the behaviour. It is advisable to contact Police Scotland via their 101 number to report any nuisance motor vehicles.

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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.

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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.

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