The Anti-Social Behaviour Crime and Policing Act 2014 (ASBCPA) will come into force in March 2015. Injunctions in breach proceedings under Part 1 of the Act (and other Orders) will replace ASBOS. The new injunctions will be based on the civil standard of proof. Applications will be heard in the Youth Court for under 18s and in the County Court for adults.
The government has decided that ASBCPA injunctions will fall under the crime contract. Civil practitioners will be able to apply for individual case contracts to represent clients with whom they have previously had involvement. Payments for breach proceedings will be based on crime fees in the Magistrates’ Court. Payments for applications and appeals against a part 1 injunction will be made at standard civil legal aid rates for legal help and legal representation. All fees will include travel and waiting time.
These changes will not affect housing practitioners defending clients against anti social behaviour related possession claims. However, the changes may represent an opportunity to liaise with crime practitioners and encourage referrals of clients involved in anti social behaviour injunction cases, in order to protect their (and their families’) homes.
More information can be found here.