Part 1 of the Anti-Social Behaviour Crime and Policing Act 2014 came into force on 23 March 2015 (Anti-Social Behaviour, Crime and Policing Act 2014 (Commencement No. 8, Saving and Transitional Provisions Order 2015 - S.I. No. 2015/373)).
The Injunction to Prevent Nuisance and Annoyance ("IPNA") replaces other orders including the Anti-Social Behaviour Injunction ("ASBI") which registered providers of social housing were using. Applications may be made by a local authority, a housing provider or the police. A housing provider may make the application only if it concerns anti-social behaviour that directly or indirectly affects its housing management functions.
To apply for an IPNA, the following conditions have to be met:
- The court is satisfied, on the balance of probabilities, that the respondent has engaged or threatens to engage in anti-social behaviour.
- The court considers it just and convenient to grant the injunction for the purpose of preventing the respondent from engaging in anti-social behaviour.
The standard of proof, like ASBIs, remains on the balance of probabilities.
An injunction can be granted against a person aged 10 or over. An application against a person who is under 18 has to be dealt with by a Youth Court.
IPNAs may contain provisions prohibiting the respondent from engaging into certain activities and may also contain positive requirements asking the respondent to do anything considered necessary to improve the situation and avoid further anti-social behaviour.
Before including a requirement, the court must receive evidence about suitability and enforceability. If a requirement is included, the order must specify the person or organisation responsible for supervising compliance with the requirement. This person should make necessary arrangements in connection with the requirements and support the respondent to ensure compliance.
It is also possible to make an application without notice, to exclude respondents from their home, and to attach a power of arrest to a prohibition or requirement of the injunction in cases of violence or significant risk of harm.