Your Rights Under the Criminal Justice and Police Act 2001

Author: Jeff Durham

The primary purpose of the Criminal Justice and Police Act 2001 is to put policies in place which are aimed at combating crime and disorder within our local community. It deals with issues regarding elements of Anti-Social Behaviour In The Neighbourhood and for the imposition of ‘on the spot’ fines for other offences as well as being concerned with other issues.

If you're experiencing anti-social behaviour issues covered under this Act, you can get practical guidance on next steps using our free Anti-Social Behaviour Action Plan.

Alcohol Consumption In Public Places

While it is not illegal to drink outside of licensed premises in certain areas, there has been an increase in the number of locations in which the law has now designated these areas as being ‘alcohol-free zones’. In these alcohol-free zones you are not allowed to drink outside of licensed premises.

These measures have been introduced not with the intention of interfering with the general public’s human rights, but as a step to trying to curb anti-social behaviour that can result as a consequence of people consuming alcohol out on the streets. It’s also aimed at reducing the number of incidents of underage drinking which has increasingly blighted our communities over the past few years, as well as reducing the number of alcohol-related crimes in particular.

If a person is either suspected of being under the legal age and drinking alcohol in public or is an adult drinking outside of a licensed premises on the street in a designated ‘alcohol free’ zone, a police office does have the power to force the offender to surrender the alcohol and failure to comply can lead to an on-the-spot fine and possible arrest.

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On-The-Spot Fines

There are many offences which might be deemed ‘minor’ to some members of the public but which are taken seriously by the police. The police can then issue on-the-spot fines for these kinds of offences. These can include, but are not limited to:

Wasting police time or making a false report
Making hoax calls to the fire brigade
Trespassing onto a railway line and/or throwing stones or other objects at trains
Buying or attempting to buy alcohol for consumption by a person under the age of 18
Disorderly behaviour in a public place while drunk

Your situation may be slightly different. ask a question below ↓ and our editorial team will reply with our advice.

Other Issues

The Criminal Justice and Police Act 2001 also makes provisions for dealing with individuals or groups of people who are knowingly Harassing Other Members Of The Community. This can cover issues such as threats of violence or any other form of malicious communications, which includes harassment or intimidation over the phone or by letter, for example.

Although not an exclusive list, the Act also gives the police powers in relation to the following:

Seizure of documents and other items which could provide evidence in a crime investigation
Seizure of passports and travel restriction notices on people convicted of certain drug offences
Intimidation and/or harming of witnesses in a court case

It also lays out your rights as a member of the public when it comes to issues such as being interviewed by the police, fingerprinting, the use of sound and video recording equipment when taking statements and during questioning, and other rights you have if you are taken into custody by the police.

The Act, ultimately, aims to maintain a decent standard of law and order which, as citizens and residents of our local community, we should all be entitled to.

The Next Step

Now that you have read through the advice above, you might want to put it into practice. Our Neighbour Rights Checker lets you check your legal rights in any neighbour dispute. Takes 1 minute. Try it now →

11 questions

Ask Problem Neighbours a Question

Jo Jo 07/04/2023 at 1:03 am

I have been going through the last 2 year's now off mental illness all because of my so say partner off 23 year's saying that it was all in my head when he even heard the same thing I did more than once they took all of my things from are flat and said don't be act mental health with me it was only when I got all of the 10 things left that he could see it but never said a lot about it we told the police but they never done anything about it then someone was out the back and front of are flat saying just tell her I have the texts and even when we got the locks changed she went mad he heard it we both hard them say what they did so I said that ant in my head is it things got so bad it made me so so ill I went down to 5 and a half stone they were even putting gas in to the flat that is why I lost so much white even are dog got ill over This and he never believe me until he seen it and felt wot it was like it happen a few times and even when he seen this he never said anything about it 2 year's as gone by and it's still going on when we go anywhere for the first week our so it can be nice and when they find out war we are all the banging and Mark's name being called he can here it even his friend as hard it and his name being called though the letter box and he has said until we got there there was never no trouble at all we are in a new flat now after being home less over Christmas even that I was so ill I have ocpd and other things rong with me they never done anything to help us all they wonted was us apart I have so much evedonds to say that the Bristol city council are to blame for this and the narbers war we was before lieing about thing's that we was fighting all the time even called the police about this and they never heard anything even my partner law center mead up lie done a statement that he never even said to her and then told him that she would make it right and the antyshoul behaviour offer told so many lies she has messt all her stamens up by saying one thing then saying something else I can not get the police to help me our anyone even my phone is hackd and I no that sounds mad but IV got recoing of so say people calling me about everything and it's been all lies and my partner has been there with me someone has even made a claim in my name since 28 off march 2020 I have this record as well and so much money has been took from his account my money gos in there as well and I have all the paperwork to provide all of this yet again no one will believe our help me so any help from anyone would be very much appreciated it's like the Bristol city council and the police are all to do with this in some way the lew center the lady who was working with my partner has the same name has someone we know and his very much in not on the law slide off things and now IAM pushing for someone to help me she has retired from there but like I said it's all going on still and he has turned on me big time the things that comes out of him is not

Sandee 05/01/2023 at 9:50 pm

Been bad feeling with next door since she allowed a loud friend,to stay with her,it's been a year of tension and stress,she keeps shouting my surname,l feel like l want punch her,occasionally l get called bitch

ProblemNeighbours Editor 06/01/2017 at 12:52 pm

We don't know enough about this situation to make a useful comment unfortunately. If the intimidation is of a physical nature then of course it can constitute assault. There are also laws about harassment etc. You can find details of these elsewhere on this website.

Slicker 05/01/2017 at 2:39 pm

Private and Confidential

Scenario A.

Vulnerable adult is being intimidated by a neighbour as a result of conflict of interest and making complaints about noise and disrepair.

Is this bullying ?
Does this constitute assault?

Is the adult being victimised?

What legal recourse can the man resort to under these circumstances?

Cvm 11/04/2016 at 5:29 am

Gud mrng sir,
One of my sister's is harassing and beating regular by my brother-in-law..... how can I face/solve this problem under this section..... please give a suggestion.
Thank uuuu

Mike and Wendy 05/11/2015 at 4:37 pm

For the past five years we've been subject to malicious harassment in revenge for a call we made to the NSPCC when our new neighbour moved in and her child was screaming constantly every night for six weeks.
The neighbour was unapproachable and blamed us it seems for her being forced to send her child to school instead of being home schooled.
Since then she concocts stories of noise to the council, illegal fires in the garden, illegal parking, us working from home when we need permission, having illegal lodgers etc etc.
We are now wanting to fight back having never complained about her but enough is enough. She is a home owner and we live in an adjoining council house.
What are our rights and what can we do to make it stop for good? W've had the Police tell us they can do nothing and also the Council. Where are our rights?
Please someone give us some good news!

Dee 26/10/2015 at 8:09 am

I had filed a police report in a small town where i purchased my retirement home where i have my adult child living there.
Put it this way a year after buying the house there were police involvement becsuse she got involved with a criminal.
My power washer was stolen ,i filed a police report. The police think it was my daughter i t could be it could also be a neighbor took it since the garage side door was unlocked.
I want it to be closed .the pol i ce in a small town in Pa don't want to close it and wants to ask her questions like where do work etc.
Do they have a legsl right to keep it opened or are they trying to investigate if shes involved with simething else ?

mimzy 16/02/2015 at 4:54 pm

myself and my daughter have been subject to harassment, verbal and physical abuse for over 2 yrs none stop and the merseyside police have done nothing but lay the blame om me and its made me and my child ill and still they do nothing. and they wonder why we have no respect or faith in the police they are dispicable.g

Good Samaritan 14/08/2014 at 12:22 pm

I can give you ample evidences of persons or person who try to intimidate and provoke others to start problems or unlawful activities just to implicate the vulnerable or victims in crimes. This is a network which is everywhere whether in India or outside of India.

telephone queen 11/09/2011 at 9:56 am

Share a pathway to both entrances of two terraced houses mine(owned) and neighbours(rented), the tenants are related to private landlord, four drug warrants conducted by police, 1 successful 3 failed over four years. Now going to possible mediation after an attack on me, 999 call out. Further problems, however are basically emails/telephone calls to 101/PCSO details have been supplied to landlord,and passed on to tenants who have approcahed us with this information, is this not a very bad breach of data protection?How do i proceed... Also physical damage done a year ago front steps painted by tenant without our persmission for him to' see in the dark', now he can, as have installed at my own expense a cctv/security light to capture all visitors to our shared access to properties!!!!...

H-j Anderson 16/08/2011 at 12:37 pm

These things maybe taken seriously & acted upon by the police in the UK, but where I live in South Australia, the police laugh at me & get nasty with me, instead of making the despicable, law-breaking, arrogant, nasty morons pay for what they have done to me over more than 8 & half years. These people have been protected by the police & even the council, with no action taken for years by the council for 2 dogs wandering 24 hours a day & peeing & pooing on everyone's properties, especially mine. Where are MY RIGHTS in all of this?

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