Step-by-Step Guides

This page describes how the police manage the closure of premises and the dispersal of groups.

Police Powers to Close Premises: a Step-by-Step Guide
Police Powers to Disperse Groups: a Step-by-Step Guide

Police Powers to Close Premises: a Step-by-Step Guide

First Step: Gathering evidence that a premises needs to be closed

Senior Police Officer decides s/he has reasonable grounds for believing that during preceding three months a person has engaged in ASB on the premises and that use of premises associated with occurrence of significant and persistent disorder or significant, persistent and serious nuisance to members of public ('relevant harm').

The Senior Officer satisfies her/himself that local authority has been consulted about the closure and that reasonable steps been taken to establish identity of any person who lives on, has control of, has responsibility for or has an interest in the premises.

Second Step: Serving of a closure notice

Once the above has been satisfied the Senior Police Officer authorises a constable to serve a closure notice on the premises. The constable does so by fixing copies to specified places about the premises and by giving copies to occupants/owners, etc.

Serving of notice makes it an offence for anyone other than owner or occupier of premises to enter. Notice itself gives details of when and where application for closure order is to be made and also information about housing and legal matters.

Third Step: Application for and determination of a closure order

Senior Police Officer applies to Sheriff for a closure order (for up to three months) on first court day after closure notice served, by presenting evidence etc.

Sheriff may grant order provided person has engaged in ASB on premises; that use of premises associated with occurrence of 'relevant harm'; and that making of order necessary to prevent future occurrence. Sheriff has regard to ability of residents to find other accommodation and vulnerability of those who have not engaged in ASB.

If closure order granted then premises closed to all persons for duration of order and becomes offence to enter or remain on premises.

Fourth Step: What happens during the period of closure

Constables or authorised persons secure premises and carry out essential maintenance. Police authority or local authority can apply to sheriff for reimbursement of expenditure incurred here (from owner of premises).

Senior Police Officer can apply to Sheriff to extend closure order up to maximum of six months in total, with reasonable grounds and after having consulted local authority. Owners/occupiers of other premises in structure can apply for access orders.

Sheriff may revoke closure order on application of Senior Police Officer, local authority or owner/occupier of premises if satisfied no longer needed.

Closure orders/orders extending closure orders/access orders, etc, or decisions to refuse any of these can be appealed against by application to the sheriff principal.

Find out more about closure of premises

Police Powers to Disperse Groups: a Step-by-Step Guide

First Step: Gathering evidence that powers needed

Senior police officer decides s/he has reasonable grounds for believing that in a particular locality within their police area alarm or distress has been caused to members of the public by the presence or behaviour of groups of two or more people.

The senior officer also decides that s/he has reasonable grounds for believing that significant, persistent and serious ASB has occurred in that locality.

Second Step: Authorisation of use of the powers

Once both of above satisfied, senior officer can issue authorisation of use of dispersal powers by constables in locality. Authorisation will last for specific period and may also choose to refer to times or days within period: e.g. Friday and Saturday nights.

Before giving authorisation, senior officer must consult local authority whose area includes relevant authority; and ensure that authorisation notice published in local newspaper and displayed in conspicuous place or places within locality. Notice specifies area affected by authorisation and period it lasts, etc.

Third Step: Use by constables of powers

Constable can use power if s/he has reasonable grounds for believing presence or behaviour of group of two or more people in locality causing or likely to cause alarm/ distress to members of public. Constable must also have regard to whether exercise of power likely to result in persons in group causing less alarm/distress to members of public than if powers not used.

Constable can give direction requiring persons in group to disperse; direction requiring any of those persons who do not live in locality to leave it; or direction prohibiting any of those persons who do not live in area from returning to it for specified period of up to 24 hours.

Constable cannot give such directions to those engaged in lawful trade union activity or taking part in certain processions. Knowing contravention of direction, without reasonable excuse, an offence and could result in fine, or imprisonment or both. Constables can arrest without warrant where s/he suspects such an offence has been or is being committed.

Fourth Step: Withdrawal of the authorisation of the use of the powers

Authorisations cannot exceed three months. Authorisations can also be withdrawn (following consultation with the LA) where the senior police officer is satisfied it is no longer necessary to prevent the occurrence of disorder or serious nuisance.

Additional Step: Guidance in respect of the powers

Bill provides for guidance in relation to how the police use these powers - and to other matters relating to these powers.

Find out more about dispersal of groups