The following Local Government Q&A produced in partnership with Philip Rule of No 5 Chambers provides comprehensive and up to date legal information covering:
Section 34 of the Anti-social Behaviour, Crime and Policing Act 2014 (ABCPA 2014) provides that a police officer of at least the rank of inspector may authorise, in writing and giving their reasons, the use of dispersal powers:
by designated uniformed officers
in a specific locality
for a specified period of up to 48 hours
They must be satisfied, on reasonable grounds, that use of those powers for that period may be necessary to remove or reduce the likelihood of the public being harassed, alarmed or distressed, or the occurrence of crime or disorder in that locality.
The inspector ‘must have particular regard to the rights of freedom of expression and freedom of assembly’ given effect by the Human Rights Act 1998. Part 2.3 of Home Office Statutory Guidance: Anti-social Behaviour, Crime and Policing Act: anti-social behaviour, provided for by ABCPA 2014, s 41, cautions that the power to restrict freedom of movement should not be invoked lightly, and to be proportionate an authorisation should cover the minimum area necessary such as the specific street names forming the boundary of the area.
According to the guidance, the
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Rescission of a contractWhat is rescission of a contract?The remedy of rescission is available to a party whose consent, in entering into a contract, has been invalidated in some way:•the effect of rescinding a contract is to extinguish it and restore the parties to their pre-contractual
Scotland: the Accountant in BankruptcyThe office of the Accountant in Bankruptcy (AiB) was created by section 156 of the Bankruptcy (Scotland) Act 1856 . Previously, the functions of the AiB were limited but since 1993, with the enactment of the Bankruptcy (Scotland) Act 1993 (B(S)A 1993), the role
Drafting—2009 ActThe Perpetuities and Accumulations Act 2009 effectively disapplies the rule against perpetuities from future easements granted on or after 6 April 2010, so a draftsman now need not be concerned to specify a perpetuity period. Any restrictions on the exercise of the easement
EL/PL claims in the portal—a practical guide (Stage 1)This Practice Note provides an overview of the Pre-Action Protocol for Low Value Personal Injury (Employers’ Liability and Public Liability) Claims from 31 July 2013 (the EL/PL protocol) in particular Stage 1 of the process. For guidance on Stage
0330 161 1234