What is a Dispersal Order ?

Dispersal Orders were introduced under Part 4 of the Anti-Social Behaviour Act 2003.
The Act gives any "relevant officer" - that is a police officer of or above the rank of Superintendent the power to issue (but also requires the approval of the Local Authority) a notice establishing a dispersal regime for a specified area for a period not exceeding 6 months where he has reasonable grounds to believe:

(a) that any members of the public have been intimidated, harassed, alarmed or distressed as a result of the presence or behaviour of groups of two or more persons in public places, and

(b) that anti-social behaviour is a significant and persistent problem in the relevant locality.

Once the notice has been issued, the powers of both police officers and police community support officers (PCSO’s) are extended. If they have reasonable grounds for believing that the presence or behaviour of a group of two or more persons in any public place in the relevant locality has resulted, or is likely to result, in any members of the public being intimidated, harassed, alarmed or distressed they may give one or more of the following directions:

(a) a direction requiring the persons in the group to disperse (either immediately or by such time as he may specify and in such way as he may specify),

(b) a direction requiring any of those persons whose place of residence is not within the relevant locality to leave the relevant locality or any part of the relevant locality (either immediately or by such time as he may specify and in such way as he may specify), and

(c) a direction prohibiting any of those persons whose place of residence is not within the relevant locality from returning to the relevant locality or any part of the relevant locality for such period (not exceeding 24 hours) from the giving of the direction as he may specify;

Those who remain in or return to the relevant locality having been asked to leave may face 6 months imprisonment and/or fines of up to £5,000.

For those whom the police reasonably believe to be under the age of 16, after 9pm, the regime is tougher - if unaccompanied by an adult, they may be removed to their place of residence, or they are likely to suffer significant harm there, to a place of safety.

To date more than 400 dispersal areas have been set up in England and Wales

Liberty challenge Dispersal Orders under Human Rights Act

A 15-year-old boy from Richmond-upon-Thames, south-west London, told the high court (Guradian Friday May 27th 2005)that the creation of two "dispersal areas" in his neigh bourhood infringed his human rights, preventing him from going to band practice, walking the dog and running errands for his mother. ( R (on the application of W) V the Commissioner of Police for the Metropolis and the London Borough of Richmond on Thames.)

The teenager whose complaint led Liberty, the human rights group, to bring its application for a judicial review of the curfew and dispersal orders, lives in a dispersal zone in Richmond.

Liberty is arguing that the curfews infringe four articles of the Human Rights Act: the right to liberty, respect for private life, the freedom of assembly and freedom from discrimination.

Alex Gask, Liberty's legal officer, said: "There is a real danger of sweeping 'anti-yob powers' demonising an entire generation of mostly decent kids."

Commenting on the case James Welch, Legal Director of Liberty said:

"The Prime Minister has prioritised creating a culture of respect in Britain. He should remember that respect is a two-way street. These powers fail to distinguish between the innocent and the guilty. No one objects to reasonable sanctions for bad behaviour. He should attack that behaviour and not all children."

Simon Jenkins Times 29/5/05 ..."it is not traditional values that are declining but traditional means of enforcing them." commenting on the case.