Consultation on the Antisocial Behaviour etc. (Scotland) Act 2004
Date: 21st July 2014
Category: Civil Rights and Freedoms, Freedom of association and peaceful assembly
The Scottish Government are consulting on technical changes with the aim to help practitioners use existing antisocial behaviour legislation and systems more effectively.
In December 2013, the Scottish Government published a report outlining the work undertaken since the publication of the national strategy on antisocial behaviour, 'Promoting Positive Outcomes'. The report advised the Scottish Government to consider a number of suggestions for legislative change to The Antisocial Behaviour etc. (Scotland) Act 2004, to help improve the response to antisocial behaviour. The proposed changes are set out in the consultation paper.
The topics covered by the consultation include: Standard of proof required for ASBOs; Variation of interim ASBOs; Service of ASBOs; Information sharing with private landlords; Use of Closure Orders and Antisocial Behaviour Fixed Penalty Notices.
The UN Convention on the Rights of the Child (UNCRC) obliges State Parties (which includes the UK) to recognise the rights of the child to freedom of association and to freedom of peaceful assembly (Article 15); the right to freedom of expression and access to information (Article 13) and that no child shall be subjected to torture or any other cruel, inhuman or degrading treatment or punishment (Article 37).
The deadline for responding to this consultation is Friday 19th September 2014.