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Criminal Justice and Immigration Act 2008

Part 8: Anti-social behaviour

58.Section 118 and Schedule 20 introduce powers for the courts to close, on a temporary basis, premises associated with significant and persistent disorder or persistent serious nuisance to members of the public. They set out the procedure for the issue of closure notices by the police and local authorities and for the making of applications for closure orders; and make provision for the enforcement (including by making breach of an order a criminal offence), extension and discharge of closure orders and for appeals against the grant or refusal of an order. Practitioners considering applying for a closure order under these provisions where there has been persistent disorder or nuisance would be required to consider any statutory guidance issued by the Secretary of State.

59.Sections 119 to 122 and Schedule 21 create a new offence of causing nuisance or disturbance on NHS premises in England and Wales (and HSS premises in Northern Ireland) and confer powers on a constable or an authorised member of NHS staff to remove a person reasonably suspected of committing the offence from the premises concerned. Provision is made for the Secretary of State (or Welsh Ministers in respect of hospital premises in Wales) to issue guidance on the exercise, by NHS staff, of the removal powers.

60.Section 123 provides for the annual review of Anti-Social Behaviour Orders, including orders made under section 1B or 1C of the Crime and Disorder Act 1998 (ASBOs) made against a child or young person under the age of 17. Section 124 requires a court to consider making an individual support order in all cases where an ASBO is made in respect of a child or young person.

61.Section 125 extends the list of local authorities in England which may enter into a parenting contract or apply for a parenting order.

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