Dispersal Powers: Sections 34 to 36 of the Anti-Social Behaviour, Crime and Policing Act 2014

Sections 34 to 36 of the Anti-Social Behaviour, Crime and Policing Act 2014 give constables in uniform dispersal powers: the power to direct a person to leave a specified area and not to return for a period of up to 48 hours. The power replaced the older dispersal zone regime under the Anti-Social Behaviour Act 2003, which required pre-authorised zones and was criticised for being used disproportionately.

A section 34 direction can be given by any constable in uniform (or a PCSO with written authority from an inspector) in the relevant locality. The constable must have reasonable grounds to believe that a person's behaviour has contributed, or is likely to contribute, to members of the public in the locality being harassed, alarmed, or distressed, or the occurrence of crime or disorder in the locality. The power does not require a pre-designated zone, unlike the old regime, but an inspector or above must authorise the use of the power in any locality before it can be exercised.

The direction must be given in writing (or confirmed in writing as soon as practicable). It specifies the area the person must leave, the period during which they must not return (up to 48 hours), and must not prevent the person from returning to their home or from seeking medical assistance. The person must be informed of the direction and its consequences. Failure to comply with a direction without reasonable excuse is a criminal offence, and the person may be arrested.

There are safeguards built into the regime. The power cannot be used in a way that prevents a person from reaching their home. It cannot be used against a person under 16 unless a constable genuinely considers that it is necessary to remove them from the locality to protect them from harm or to prevent anti-social behaviour. Children must not be left in a position of potential danger and should, where appropriate, be taken home or to a place of safety. The use of dispersal powers is subject to judicial review and must be compatible with rights under Articles 10 and 11 of the European Convention on Human Rights.

Updated 16 October 2026: from 26 October 2026 a dispersal direction under s.35 may exclude a person for up to 72 hours, and a police officer of at least the rank of inspector must review any direction exceeding 48 hours; the inspector's authorisation under s.34 itself remains limited to 48 hours (Crime and Policing Act 2026, s.3(2), commenced by SI 2026/960, reg 4).