ABSTRACT

The introduction of this offence,53 and the use to which it is put by the police, raises controversy. The offence was designed to provide powers to deal with relatively minor acts of antisocial, unruly or disorderly conduct which, while of itself not serious, cause fear in others. In its White Paper, the government illustrated the sort of behaviour that was being targeted:54

(a) hooligans on housing estates causing disturbances in the common parts of blocks of flats ...;

(b) groups of youths persistently shouting abuse and obscenities or pestering people waiting to catch public transport or to enter a hall or cinema; someone turning out the lights in a crowded dance hall, in a way likely to cause panic;

(c) rowdy behaviour in the streets late at night which alarms local residents.