Do the police have a statutory power of arrest when an ASBO is breached?
A. Yes, from 28 October 2004, the police now have a statutory power to arrest for a breach of ASBO. The statutory power of arrest applies only to ASBOs made under the Antisocial Behaviour etc. (Scotland) Act 2004, and remains available until the ASBO expires. The Police also have powers to make an arrest under common law for breach of orders granted under the Crime & Disorder Act 1998.
Related Questions
- Do the police have the statutory power of arrest under the 2004 Act to arrest an under 16 year old for breach of their ASBO where there are no criminal offences involved?
- How can you ensure that the police enforce the law in a consistent way and don’t overuse the power of arrest?
- Do the police have a statutory power of arrest when an ASBO is breached?
