NORTH YORKSHIRE

October 2014

Powers

ANTI SOCIAL BEHAVIOUR,CRIME AND POLICING

ACT 2014

Tools

Suggested Guidance

Victims can feel helpless; feeling like they are being bounced from one agency to another and then back again. In many cases, the behaviour is targeted against the most vulnerable in our society and even what is perceived as “low-level” anti-social behaviour, when targeted and persistent, can have a devastating effect on a victim's life.

The Anti-social Behaviour, Crime and Policing Act 2014 was introduced and designed to put victims at the heart of the response to anti-social behaviour through the Community Trigger and Community Remedy, and give professionals the flexibility they need to deal with any given situation through the six new powers.

This guide gives an overview of each of the new tools and powers that the Act has introduced and has been put together for anyone working in North Yorkshire and the City of York to reduce crime, disorder and anti-social behaviour.

The Act brings greater or new responsibility on more agencies than before. The effective use of these tools and powers lies in the collective approach to dealing with incidents and issues; in the ever more challenging times of funding reductions, it is essential that organisations continue to work together in partnership.

We know that agencies are a stronger force together; sharing information and working jointly on issues will ensure that solutions are found for victims and the underlying causes of an individual's behaviour can be better addressed.

This guide also looks at more general problem solving ideas and the use of informal interventions; it uses much of the information contained in the Statutory Guidance produced by the Home Office; July 2014.

Think of tackling anti-social behaviour like completing a jigsaw; you will all have some pieces. The key is how you put those pieces together to get the full picture so you can collectively find the right solution.

Templates have been produced for use with each of the new powers; these are available from the new Anti Social Behaviour website www.nyyasbpowers.tools On the website, you will also find further useful information about each power/tool, and over time the website will include case studies and helpful hints.

Anti-social behaviour is a broad term used to describe the day-to-day incidents of crime, nuisance and disorder that make many people's lives a misery – from litter and vandalism, to public drunkenness or aggressive dogs, to noisy or abusive neighbours.

Such a wide range of behaviours means that responsibility for dealing with anti-social behaviour is shared between a number of agencies, particularly the police, councils, social landlords and others.

Meet Vera Tip!

For each tool and power,Vera Tip will offer helpful hints

Vera is here to remindyou that if you have a:

Victim, you should

Engage with them,

Review the case, &

Act on the information.

6 New PowersTo tackleAnti-social behaviour

2 New ToolsTo improveaccountability

nCivil InjunctionnCriminal Behaviour OrdernDispersal PowernCommunity Protection NoticenPublic Spaces Protection OrdernClosure Power

nCommunity RemedynCommunity Trigger

But, don't forgetto do it:

Together

In

Partnership!

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PROBLEM SOLVING

Dealing with anti social behaviour is rarely simple; however the new powers introduced by the Anti social behaviour, Crime and Policing Act have been designed to allow you to protect victims in a wide range of situations.

However, the new powers will work best when complemented by more effective ways of working – in particular, working in partnership, sharing information and using early and informal interventions.

Information Sharing

As part of this joined up approach to deal with problems quickly – each organisation will bring a range of expertise and experience to assist in resolving issues more effectively – an information sharing agreement has been drafted to allow organisations and colleagues to share information as they need to in order to find a solution, in addition to locally agreed protocols.

The draft agreement will be available to download from www.nyyasbpowers.tools

Case Management

Effective case management should underpin all activity to deal with anti-social behaviour, starting from when a complaint is received until the matter is resolved.

The welfare, safety and well being of victims whose complaints form the basis of any action must be the main consideration at every stage of the process. This will ensure that organisations provide a fair and consistent service to victims, taking timely appropriate action to tackle anti-social behaviour.

Problem Solving Plans

Reports of anti-social behaviour causing harassment, alarm and distress to a member(s) of a community, which is repeating in nature or causing risk to a victim should be tackled through the completion of a problem solving plan.

Plans can be jointly owned through multi-agency organisations, or can be singularly completed by a lead agency.

The plan should be considered through an appropriate local multi agency group and monitored at regular intervals to ensure that the issue is resolved suitably for the victim.

Assessing the risk to victims

Organisations should objectively assess the risk of harm to the victim as well as their potential vulnerability when they receive a complaint about anti-social behaviour. This should mark the start of the case management process.

It is important to identify the effect the anti-social behaviour is having on the victim, particularly if repeated incidents of anti-social behaviour are having a cumulative effect on their well-being.

A continuous and organised risk assessment will help identify cases that are causing, or could result in serious harm to the victim, either as a one-off incident or as part of a targeted and persistent campaign of anti-social behaviour against the victim.

The Police’s Vulnerability Risk Assessment (VRA) process is well used in North Yorkshire and the City of York and this process should continue to assess the risk of harm and vulnerability to targeted victims.

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Early Interventions

Early interventions, especially through informal approaches can be effective in stopping the anti-social behaviour committed by the majority of perpetrators. Research has shown that over 80% of anti-social behaviour cases dealt with by social landlords were successfully resolved through some form of early or informal intervention.

Community Resolution

This is the nationally recognised term for the resolution of a less serious offence or anti-social behaviour, through an agreement between the parties involved as opposed to criminalising the offender. A community resolution can be used for both youth and adult offenders.

Community Resolutions are primarily aimed at first time offenders where genuine remorse has been expressed, and where an out of court disposal is more appropriate than taking more formal action. Community resolutions can help to reduce re-offending by encouraging offenders to face up to the impact of their behaviour and to take responsibility for making good the harm caused.

The new Community Remedy document must be used when dealing with anti-social behaviour or lower level offences out of court through community resolutions.

Mediation

In many cases of anti-social behaviour, mediation (where available) can be an effective tool; solving the issues by bringing all parties together. This can be very effective in neighbour disputes, family conflicts, lifestyle differences such as noise nuisance complaints and similar situations where it can be sometimes difficult to identify the victim and the perpetrator.

Mediation will not work if it is forced on those involved. All parties have to be willing to come to the table and discuss their issues. It is not for the mediator to establish a solution to the issue as, in most cases, they will have already tried this with each party unsuccessfully. For mediation to deliver long term solutions, those in dispute should agree a solution. The mediator should facilitate this conversation and ensure all parties adhere to the ground rules. They can also draw up an agreement if required for all parties to sign to formalise what has been agreed.

Early and informal interventions can establish clear standards of behaviour, reinforcing the message that anti-social behaviour will not be tolerated. In many cases, awareness of the impact of their behaviour on victims, and the threat of more formal enforcement tools, can be a sufficient incentive for an individual to change their behaviour.

When dealing with young people, informal interventions should always be considered first. Some informal interventions are detailed below; local variation in areas will determine additional interventions or the best use of them.

In cases where there is a risk of harm to the victim, it may be more appropriate to by-pass the informal intervention stage and progress directly to formal sanctions. Where informal interventions are used against the under 18s, the parents or guardians of the young person should be contacted in advance of the decision to take action.

Warnings

Verbal – in deciding to use a verbal warning, the officer should still consider the evidence. For instance, the officer should have reason to believe that the anti-social behaviour has occurred, or is likely to occur and that the individual's behaviour could be considered to be unreasonable. In issuing a verbal warning it should be made clear to the individual what behaviour is causing the issue and what effect this is having on the victim or community; the consequences of non-compliance need to be clearly explained.

Written – as with a verbal warning, the written warning should contain specifics about what behaviour has occurred and why it is not acceptable, including the impact on any victims or local community. Local agencies should alert each other that the warning has been given so that it can be effectively monitored.

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Acceptable Behaviour Contracts (ABCs)

A long established tool, Acceptable Behaviour Contracts can be an effective way of dealing with anti-social behaviour. They can also be very effective at dealing with young people (10yrs +) early, to nip problem behaviours in the bud before they escalate.

ABCs are a written agreement between a perpetrator of anti-social behaviour with the agency or agencies working locally to prevent that behaviour. ABCs are often more effective when they are produced by joint organisations and the terms of an ABC should be discussed with the perpetrator before they are drafted and signed to encourage compliance. However, there is no formal sanction associated with refusing to sign so, if an individual does not wish to sign, they cannot be forced to do so.

Whilst there are no formal sanctions associated with breaching the conditions of an ABC, agencies should consider further steps if the individual does not change their behaviour. Potential further action should be clearly identified in the ABC so that the perpetrator is aware of the consequences of failing to comply (such as progressing a Civil Injunction).

ABCs can mirror what you want to include in the Civil Injunction application – giving the individual the chance to change their behaviour before they are forced to do so on a court order. Positive Requirements should also be included on the ABCs, where possible and practicable ie not just stopping behaviour but encouraging behaviour to change. Most successful requirements are ones which uses up a person's time when they least want it using.

In cases where court proceedings, such as a Civil Injunction application, are deemed necessary, the work undertaken as part of the drafting of an ABC can be included in the evidence pack. For instance, any discussion with victims and communities to assess the impact of the behaviour could form the basis of a future community impact statement for the court.

Good Promises Agreement

A variation of an Acceptable Behaviour Contract aimed at the younger children (under 10) who are causing concerns or carrying out anti-social behaviour. The good promises agreement removes the formality of an ABC but does commit the young person to carrying out their promises.

Parenting Contracts

In many cases, parents or guardians can play an important role in ensuring the individual changes their behaviour. While there are formal routes such as parenting orders, at this stage it may be appropriate to include a role for the parent in an ABC.

In addition, if the behaviour of the parent is part of the issue (either because they are a bad influence on the child, or fail to provide suitable supervision) agencies could consider a parenting contract. This will mirror the ABC given to the young person but are signed by the parent or guardian. They could also be considered where the child in question is under 10yr.

Troubled Families

In North Yorkshire, the Government's initiative to turn around the lives of “troubled families” is known as the Developing Stronger Families programme. In the City of York they refer to the “troubled families” initiative as the Family Focus Programme.

With a potentially troubled family – where the issues are systemic within the family unit rather than being isolated issues with one member – agencies should consider referring the family into the programme.

More information on the Troubled Families programme and referral pathways can be found at;

NYCC: http://www.northyorks.gov.uk/article/27357/Developing-stronger-families-referral-guidance

CoY:http://www.yor-ok.org.uk/workforce2014/troubled-families-programme.htm

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Support and Counselling

In many cases, there are underlying causes of the anti-social behaviour. The new powers will allow you to actively and formally deal with these through the use of “positive requirements” however, there is no need to wait until formal court action before offering help.

Substance misuse or alcohol dependency can drive anti-social behaviour and low level crime, and support can have a positive impact.

Catching someone before they fall into a criminal way of life by supporting them to escape addiction can save thousands of pounds in enforcement action over a person's lifetime and more importantly safeguard potential victims from any anguish or suffering.

Anger Management

In many areas of North Yorkshire and the City of York, successful anger management courses can be offered which help an individual identify the triggers of their behaviour and how to deal effectively with those emotions.

Long term benefits of undertaking anger management sessions can be identified with individuals discontinuing the behaviour that was bringing them to notice.

WORKING TOGETHERWhatever formal or informal intervention you consider suitable for an individual, the key issue will be talking to other agencies before doing anything else.

The individual that you have most concerns about is likely to be the same individual that another organisation is concerned about.

Organisations have a stronger presence and impact when they work collectively to tackle anti social behaviour and interventions are likely to have a higher success rate if agencies are all signed up to the same principles of those interventions with the individual concerned.

Your Local Delivery Team will be key contacts for organisations to go to for help, advice, referring a case into a multi agency problem solving group or possible funding for interventions.

Knowing other key contacts in each organisation will also be crucial to long term problem solving, resolving issues and keeping victims at the heart of reducing anti-social behaviour. There is space at the end of the guide to keep a note of those contacts for future use.

Local Projects

There will be numerous projects undertaken in a local area that could be an effective diversionary activity for a person who is committing anti-social behaviour. Often, these existing projects could be considered to address individual behaviours.

For groups; projects or initiatives could be established through the Youth Support Services, Youth Justice Service, local charities, local housing providers or through the Local Delivery Teams.

Projects which are externally funded often come and go but being connected with the right people in an area will be the key to ensuring that individuals coming to notice can maximise the benefits of the various groups/ ideas that are taking place.

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PURPOSE TO STOP OR PREVENT INDIVIDUALS ENGAGING IN ANTI SOCIAL BEHAVIOUR

APPLICANTS l Councils (District and County) Social Landlords PoliceBritish Transport Police Environment Agency NHS Protect

TEST On the Balance of probabilities:l Behaviour likely to cause harassment, alarm or distress (non-housing related issues)l Conduct capable of causing nuisance and annoyance (housing related ASB) l Just and convenient to grant the injunction to prevent ASB

COURT l County Court or High Court for 18yr+l Youth Court (in Magistrates) for 10-17yrs

DURATION l Adults – At least two years, no maximum lengthl Youths – At least one year and maximum three years

CONSULTATION l Formal consultation requirement with Youth Justice Service for under 18s

EVIDENCE l Court can take account of evidence of conduct from 6 months before Commencement Date

HEARSAY l Hearsay and professional evidence can be given to protect witnesses fearful of reprisals. EVIDENCE l Can be provided by police or healthcare officer or any other professional who has

interviewed the witness directly

CONTENT l Must include relevant prohibitions to stop individual behaving anti sociallyl Can include “positive requirements” to deal with the underlying causes of the anti social behaviourl Positive requirements should be tailored to address circumstance, behaviour and needs

EXCLUSION l Courts can exclude perpetrator (18yrs+) from any premises or area specified. l Can include their home where court thinks ASB includes use or threatened use of violence against other people – or there is a significant risk of harm. l Harm is “serious ill treatment or abuse, whether physical or not” so could include harassment or racial abuse. l Can include private tenants or owner-occupiers (led by police or council) as well as social tenants (led by social landlords).

PUBLICATION l If necessary and proportionate, the issuing of the Civil Injunction can be made public.l Court can make s39 Order prohibiting publication (for youths).l Each case should be considered individually.

EMERGENCY l Can be applied for “without notice” being given to perpetrator in exceptional circumstances to stop serious harm to victimsl Should only be used in exceptional circumstancesl Interim injunction would be granted – can only include prohibitions, not requirements

VARIATION/ l Court can vary / discharge injunction upon application of either perpetrator or applicantDISCHARGE l Applicant should notify same people they consulted as part of initial process

l Injunction can be varied/ discharged in response to changes in behaviour

POWER of Requires written evidence of need (such as history of violence), attached to prohibition ARREST requirement if

l ASB includes the use, or threatened use, of violence against other people orl There is a significant risk of harm to others from the respondent

BREACH If power of arrest in place:PROCESS Police officer can arrest without warrant if reasonable cause exists that breach of prohibition or

requirement has occurred. Must notify applicant and present to granting court within 24hr (exclSunday, Christmas Day and Good Friday).

If no power of arrest in place:If respondent breaches a term, applicant can apply to granting court for arrest warrant. Policemust notify applicant when the respondent is arrested.

PENALTY Breach is Contempt of Court, uses criminal standard of proof - Beyond Reasonable Doubtl Adults – can be remanded in custody or on bail; up to two years in prison and/or unlimited finel Youths – can only be remanded on medical grounds; could result in supervision order with curfew, activity or supervision requirementl If youth court determines that, because of the severity or extent of the breach, no other power available to it is appropriate, then up to 3mth detention order (14-17yr) can be imposed

APPEALS May be lodged by both the applicant and perpetrator following grant, refusal, variation ordischarge of the injunction. Adults appeal to High Court, youths to Crown Court

l l l l l

CIVIL INJUNCTIONS

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The injunction can offer effective protection for victims and communities and set a clear standard for offenders to stop their behaviour from escalating.

Civil Injunctions will not be available until Spring 2015. Updates will be provided through www.nyyasbpowers.tools

Whilst the injunction is a civil power, it is a formal sanction and a breach can carry a significant punishment against whom it has been granted. Careful consideration must be given before an application is made, and consultation must be carried out for those under 18yr.

In some cases, it may also be appropriate for consultation to be carried out for those over 18yr but local agencies are able to determine that level for each case.

Where informal approaches have not worked, or there is a serious risk of harm or violence, then you can look to apply for the Civil Injunction.

The test for an injunction

Non-housing related anti social behaviourThe test for non-housing related ASB is conduct that has caused, or is likely to cause, harassment, alarm or distress to any person. This will apply, for example, where the ASB has occurred in a public place such as a town or city centre, shopping centre, or local park.

Housing related anti social behaviourFor ASB in housing context, the nuisance or annoyance test will apply ie the conduct is capable of causing nuisance or annoyance to a person in relation to that person's occupation of residential premises or the conduct is capable of causing housing-related nuisance or annoyance to any person.

This injunction can be applied for by the police, local councils or social landlords against perpetrators in social housing, the private-rented sector and owner-occupiers.

The injunction can also be used in situations where the perpetrator has allowed another person to engage in ASB, as opposed to actively engaging in the behaviour themselves.

Conduct capable of…..?In deciding whether the individual's conduct has caused or is likely to cause harassment, alarm or distress or is capable of causing nuisance or annoyance, you should speak with all potential victims and witnesses to understand the wider harm to individuals and the community.

Not only will this ensure the victims and communities feel that their problems are being taken seriously, but it will also strengthen the evidence for the application to the court.

What else do people know?It is likely that the individual you want to pursue a Civil Injunction against is someone who is also causing problems for other organisations.

Start the discussions at a local multi agency meeting to find out what others know about the individual, their circumstances and to discuss the appropriate terms of an Injunction.

CIVIL INJUNCTIONS

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Positive Requirements

nDo you know what services are offered in your area to consider as a Positive Requirement?

nDid you know that the Youth Justice Service may be able to offer a bespoke service to help the individual (under 18) address the underlying causes of the ASB?

nIs the Local Delivery Team looking at delivering any diversionary activities that may be appropriate?

nAre there any adult courses in your area to help an individual address their behaviour?

nWhat can the local Voluntary sector services offer?

nHas the individual already accessed services? Don't repeat them, find a new one!

What to include

All Civil Injunctions, regardless of the reason for the application, must include “Prohibitions” ie the things that you want them to stop in order to resolve the issue for victims.

In addition to the prohibitions, Civil Injunctions can also include “Positive Requirements”. These can be tailored to the requirements of the individual in order to address their circumstances, behaviour and needs.

Positive Requirements could include:

nAttending alcohol awareness classes for alcohol-related problems

nIrresponsible dog owners attending dog training classes

nAttending mediation sessions with neighbours or victims

nAttending the local boxing club every Friday night

Positive requirements can include any requirement which will help to address the underlying causes of the behaviour as part of a long term problem solving plan.

There will be many organisations who can offer requirements in your area; speaking with the Youth Justice Service for under 18s may provide appropriate actions, contacting your Local Delivery Team to discuss the issues and linking up with services provided by the Voluntary Sector will all assist in determining the most appropriate Positive Requirement to include on a Civil Injunction.

Evidence will need to be provided to the court as to the suitability of the requirement, and you will need a named contact from the organisation to agree to the requirement being placed on the Injunction; that person will also be responsible for reporting compliance.

If the perpetrator carries out any of the prohibitions or does not undertake any of the positive requirements, it will be considered that the individual has breached the Civil Injunction and a warrant can be applied for, for their arrest, if a power of arrest was not initially attached.

So far as possible, prohibitions and requirements must be reasonable and relevant, and for requirements, they must be compatible if there are two or more being listed.

Neither a prohibition nor a requirement can:

nInterfere with work or school/college/night school times

nConflict with any other court order or injunction which may have been given to the perpetrator

The draft Civil Injunction should include all proposed prohibitions and requirements, their duration and any powers of arrest that will be attached.

The court will examine each prohibition and requirement, you will need to prove how each will help stop or prevent the individual from engaging in, or threatening to engage in ASB in the future.

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Signed witness statements obtained Draft injunc tion application prepared and sent tocourt with statements & fee

Application pack handed to court staff; they will immediately pass to Judge.Judge considers application and if criteria met for “without notice” fits

Order granted

Order not granted

Application dismissed

Not effective until personally served on Defendant. Paperwork prepared by Court the same day; Applicant must arrange personal service of paperwork Once served, if thereon Defendant.

is a power of arrest (PoA), the Injunction and PoA served on NYP

(put out of hours details on Injunctions for NYP to find easily)

Listed for on notice hearing - unless court directs

otherwise no less than 3 days after service of application

On - Notice hearing: Defendant should be present. Court either grant final order or if contested, list trial date.

If to trial, court can grant interim injunctions and terms. Undertaking can be given by Defendant as alternative disposal

Even if defendant in court, all further/final injunctionsneed to be personally served on them

Any further/final injunctions passed to NYP

(ONLY if there is a power of arrest)

(only if Defendant agrees to this)

Signed witness statements obtained

Draft injunction application prepared and sent to co urt with statements & fee

Listed for on notice hearing (unless court directs otherwise no less than 3 days after service of application)

Once paperwork served on Defendant, if there is a Power of Arrest attached, Injunction Order & Power Of Arrest given to NYP (put out of hours details on

order for NYP to easily find)

If granted - All further/final orders need to be served upon the Defendant personally

On notice hearing – Defendant should be present - Undertaking can be given by Defendant as alternative disposal (only if Defendant agrees to this)

Order personally served on Defendant No order granted -application dismissed

Application and evidence served personally upon Defendant with hearing date details

Injunction granted (Final) Order granted (Interim) pending trial

Trial

“On-Notice” or planned Civil Injunction application

“Without Notice” – urgent Civil Injunction applications

nTelephone the local County Court (ask to speak to the Civil Section). The County Court will advise whether the Defendant can be brought straight to court or whether they need to be kept overnight at the police station.

nTelephone the Applicant Authority to notify them of the arrest – this is a statutory requirement.

n***Note at all times the 24 hour rule – a person can only be detained for a maximum period of 24 hours from the time of their arrest. When calculating 24 hours Christmas Day, Good Friday or any Sunday is not included in the calculation. Saturdays and other Bank Holidays are included in the calculation.

nThe police cannot grant bail or release a Defendant until the court makes an order to that effect.

NOTES FOR ARRESTING OFFICER:

nThe Defendant is not interviewed or charged by the police unless they have also been arrested for a criminal matter in addition to breaching the injunction order. Breach of a Civil Injunction is not a criminal offence. The Police power is to arrest and detain the defendant in their custody until they can be put before the next available County Court Judge if POA exists.

nThere is NO file required for County Court other than the following items upon arrest for Breach of a Civil Injunction;

(I) any witness and breach statements from any person witnessing the breach,

(ii) Officers arrest statement detailing the existence of the Civil Injunction and POA and any breaches they are aware of

(iii) copy of the Civil Injunction with POA attached.

This is all that is required.

nThe Defendant is brought to the appropriate County Court.

CIVIL INJUNCTION BREACH

What to do if a breach of a civil injunction is reported and there is no Power of Arrest (POA) attached to the requirement / prohibition which has been breached

If there is not a Power of Arrest attached to any of the requirements or prohibitions and therefore the police can not make an arrest, the applicant authority has an option to start their own contempt proceedings or they can apply to the courts to grant an arrest warrant for the Respondent and have him brought to court for an initial hearing.

For their own breach/contempt proceedings, the Applicant Authority gathers the evidence of breaches, and then applies to the County Court for a contempt hearing. At the hearing, the applicant authority seeks to prove 'beyond reasonable doubt' that the breaches have occurred. This process can take up to several weeks and the individual can face fine/imprisonment for contempt if found guilty.

The Applicant Authority can apply for an arrest warrant (to the judge in county court for an adult, and justice of the peace for a youth).

What to do if a breach of a civil injunction is reported and Power of Arrest (POA) is attached to the requirement/prohibition which has been breached

nObtain a statement from the complainant.

nCheck the terms of the injunction, particularly POA - the POA may only be in relation to some of the terms of the injunction order.

nIMPORTANT - There is always a danger that it has ceased or been varied. Prior to making an arrest officers would be advised to

(i) confirm the existence of VALID injunction with a power of arrest attached to it;

(ii) satisfy themselves that there are sufficient grounds to establish that the appropriate provisions of the injunction have beenbreached.

nArrest the Defendant.

nArresting Officer must prepare statement outlining arrest details.

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This guidance covers breach of an adult Civil Injunction which will be dealt with through the County Court. Detailed guidance for breach of a youth Civil Injunction which will be dealt with through the Youth Court will be available shortly.

CONSULTATION

For a youth Civil Injunction there is a statutory duty to consult with the Youth Offending Team before applying to the Youth Court. It may also be appropriate to consult with other bodies or individual the applicant thinks appropriate such as a youth charity that is already working with the young person.

The consultation requirement does not mean that the YOT can veto the application, but it is important that applicants fully consider and take into account representations from the YOT as part of good partnership working when dealing with young people.

The YOT can play a central role in preventing and reducing anti social behaviour by young people, working with them to try and help them stay away from crime.

They will also be important in getting the young person to adhere to the conditions imposed through the injunction and ensuring that the young person understands what is being asked of them. The conditions will be overseen by a responsible officer in the YOT or children's and family services. YOTs should also work with the applicants to ensure that the positive requirements are tailored to the needs of the young person.

It is suggested that the following process should be used to ensure that each young person's case is fully considered with all appropriate agencies playing their part in stopping and addressing the behaviour of the young person.

Each Local Delivery Team already has a designated decision-making group for ASB purposes, capable of committing resources and acting in the name of the relevant partner bodies. This may be MAPS, or any other suitable local structure. Alternatively, the decision makers may be a group or individual from the applicant authority that has to make the final decision on whether to proceed with an application.

Should we be deploying

Injunction/CBO?

Decision-Making Group

Multi -Agency Case Consultation Meeting

Multi -Agency Case Consultation Meeting

Preparation for Court

Decision-Making Group

Other Options Preparation for Court

Civil Injunction for a person aged between 10yr and 17yr

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There needs to be a consistent process for convening and recording multi-agency case consultation meetings, to support good service delivery and to evidence completion of due process to the courts, the victims and offenders. It will be preferable in the majority of youth cases that the local YOT co-ordinates the multi-agency case consultation meeting, working to an agreed aide-memoire of process and minuting.

Proposed ASB proceedings can start their journey with an in-principle approval in the decision-making group, and then be passed to the multi-agency case consultation meeting for detailed analysis & planning. The multi-agency case consultation meeting can refer back to the decision-making group with advice and recommendations, but it cannot decide to discontinue the proposed proceedings.

Alternatively, ASB proceedings can start their journey with detailed analysis & planning in a multi-agency case consultation meeting, and then be taken to the decision-making group for approval as a pre-packaged proposal. The decision-making group may accept this, or refer it back for further consideration of particular aspects.

The key point is ensuring that the proposal passes through both stages, but being clear about the role of each.

Multi-Agency Case Consultation Meetings

Instigation: Can be instigated by any designated person in agreed partner bodies. Partners cannot be obliged to participate, but neither can they veto the meeting from happening. In all likelihood, the individual will already have been discussed at MAPS (or equivalent) and all other informal interventions will have been tried.

Organisation: Usually convened by local YOT, who will manage invitations, provide chair and minute-taking support, and distribute recommendations. Attendance: Police, Local Delivery Team, Youth Offending Team, School, Youth Service, Children’s and Adolescent Mental Health Service, Children's Social Care, Substance Misuse, Social Housing Provider, Victim Support, Troubled Families Unit and any other appropriate individual or organisation who can add in relevant information about the young person.

Purpose:

nShare information about the young person, including the wider context of their family, school, peers and community. Establish a clear, joined-up picture of the young person's needs and risks.

nEstablish consensus as far as possible upon what the troublesome behaviour is, what causes, aggravates or reduces it. Particularly evaluate the risk and harm presented to victim(s) and community.

nDiscuss what voluntary and statutory measures are available to effect change, and which might best be deployed to support behaviour improvement. Agree a recommended intervention plan, setting out the proposed actions and how they will be provided. Provide a written summary.

Civil Injunction for an individual aged 18 years or older

There is no statutory requirement for any consultation to be carried out for an adult civil injunction application.

However, in the same way as you would do for a youth application, the applicant needs to make sure that the requirements/prohibitions that they are putting on the injunction are the most appropriate ones to stop, rectify and address the behaviour and its causes.

In some cases, you may consider it appropriate to follow a similar process as outlined for the youth consultation – amending the list of attendees as necessary. It is also likely that you will already be discussing the individual at a MAPS meeting (or equivalent). It is also likely that has been a history to the individual such as previously working with a service whilst being under 18years and this information will be crucial for the applicant to make sure that the injunction can be as effective as possible for resolving the issues for victims.

Each case will need to be dealt with on its own merits as well as determined by local process, but other organisation's information about an individual may be the vital piece of evidence for the injunction to be granted - the final piece of the jigsaw.

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PURPOSE TO TACKLE THE MOST PERSISTENTLY ANTI-SOCIAL INDIVIDUALS WHO AREALSO ENGAGED IN CRIMINAL BEHAVIOUR

APPLICANTS l In most cases, the Crown Prosecution Service, either at its own initiative or at the request of policeor council. Local councils can also apply on the back of a conviction for criminal offence.

TEST l Court is satisfied beyond reasonable doubt, offender has engaged in behaviour that has caused or is likely to cause harassment, alarm or distress to any person AND l Order will help prevent offender from engaging in that behaviourl Anti social behaviour does not need to be part of the criminal offence for which they individual has been convictedl No requirement to prove “necessity”

COURT l Any criminal court for any criminal offence

DURATION l Adults – At least two years, no maximum lengthl Youths – At least one year and maximum three years

CONSULTATION l Formal consultation requirement with Youth Justice Service for under 18s

EVIDENCE l Evidence not heard in original criminal proceedings can be admissible at the CBO hearingl Hearsay and professional evidence can be given to protect witnesses fearful of reprisals. l Can be provided by police or healthcare officer or any other professional who has interviewed the witness directlyl Behaviour from October 2013 can be used as evidence as well as information from other organisations

CONTENT l Can include relevant prohibitions to stop individual behaving anti sociallyl Can include “positive requirements” to deal with the underlying causes of the anti social behaviourl Positive requirements should be tailored to address circumstance, behaviour and needsl So far as practicable, these must not interfere with an offender's education or work commitments

INTERIM ORDER l Where offender is convicted of offence but sentencing is adjourned or the CBO hearing is adjourned after sentence, an interim order can be granted – if the court think it is just to do sol The prosecution can apply for the interim order

PUBLICATION l If necessary and proportionate, the issuing of the Criminal Behaviour Order can be made public.l Each case should be considered individually.l Decision taken by either police or council to publicise except:l Court can make s39 Order prohibiting publication (for youths).

VARIATION/ l Court can vary / discharge orders upon application of either perpetrator or applicantDISCHARGE l Applicant should notify same people they consulted as part of initial process

l Orders can be varied/ discharged in response to changes in behaviourl Can be extended or prohibitions/requirements changed

REVIEWS l Requirement to conduct annual review of Order made against someone under 18 years of agel Must include consideration of:

l Extent to which offender has compliedl Adequacy of any support to help them complyl Anything else relevant to the question of whether an application should be made to vary or discharge the order

l Police have overall responsibility for carrying out review in co-operation with the council – any other person/organisation can be invited to attend

BREACH l Criminal offence for offender to not comply, without reasonable excuse, with either the requirements or prohibitions in the Orderl Failure to comply should be notified to the police

PENALTY l Breach is criminal offence and uses criminal standard of proof - Beyond Reasonable Doubtl Adults – summary conviction in Magistrates – max 6 months in prison or fine or bothl Adults – conviction on indictment in Crown Court – max 5 years in prison or fine or bothl Youths – take place in Youth Court – max 2 year detention and training order

APPEALS Orders made in the Magistrates – appeals made to the Crown CourtOrders made in the Crown Court – appeals made to the Court of Appeal

CRIMINAL BEHAVIOUR ORDER

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The Criminal Behaviour Order (CBO) is available on conviction for any criminal offence in any criminal court.

CRIMINAL BEHAVIOUR ORDER

The prosecution – this will usually be the Crown Prosecution Service, but in some cases it could be a local council - may apply for the Order after the offender has been convicted of a criminal offence.

The prosecution may apply for the Order at its own initiative but is more likely to be following a request from the council or police. The local council or the police should compile the evidence file in preparation for the Criminal Behaviour Order application.

The Criminal Behaviour Order hearing will occur after, or at the same time as, the sentencing for the criminal conviction.

Ensuring that the Criminal Behaviour Order application can be reviewed and notice of it served as soon as practicable, without waiting for the verdict in the criminal case will be crucial to Orders being considered.

The court cannot consider an application for the Order at a hearing after the offender has been sentenced, unless the court has adjourned proceedings from the sentence date for the application to be considered.

Victim Impact?

The potential impact on the victim(s) should be at the heart of the considerations of the terms of the Criminal Behaviour Order.

Stop to think how the terms of the order will impact on the victim(s). What would they think? Would they be satisfied? You should also take time to explain the terms of the Order to the victim(s) so they are aware of the outcome of the court case.

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What to include

In addition to any prohibitions that may be included on the Criminal Behaviour Order, the Order can also include “Positive Requirements”. These can be tailored to the requirements of the individual in order to address their circumstances, behaviour and needs.

Positive Requirements could include:

nAttendance at anger management course where an offender finds it difficult to respond without violence

nYouth mentoring

nJob readiness course to help an offender get employment and move them away from the circumstances that cause them to commit anti-social behaviour

Positive requirements can include any requirement which will help to address the underlying causes of the behaviour as part of a long term problem solving plan.

There will be many organisations who can offer requirements in your area; speaking with the Youth Justice Service for under 18s may provide appropriate actions, contacting your local Community Safety Delivery Team to discuss the issues and linking up to services provided by the Voluntary Sector will all assist in determining the most appropriate Positive Requirement to include on a Criminal Behaviour Order.

Evidence will need to be provided to the court as to the suitability of the requirement, and you will need a named contact from the organisation to agree to the requirement being placed on the Criminal Behaviour Order. That person will also be responsible for reporting compliance.

So far as possible, prohibitions and requirements must be reasonable and relevant, and for requirements, they must be compatible if there are two or more being listed.

Positive Requirements

nDo you know what services are offered in your area to consider as a Positive Requirement?

nDid you know that the Youth Justice Service may be able to offer a bespoke service to help the individual (under 18) address the underlying causes of the ASB?

nIs the Local Delivery Team looking at delivering any diversionary activities that may be appropriate?

nAre there any adult courses in your area to help an individual address their behaviour?

nWhat can the local Voluntary sector services offer?

nHas the individual already accessed services? Don't repeat them, find a new one!

Neither a prohibition nor a requirement can:

nInterfere with work or school/college/night school times

nConflict with any other court order or injunction which may have been given to the perpetrator

The draft Criminal Behaviour Order should include all proposed prohibitions and requirements, their duration. The court will examine each prohibition and requirement, you will need to prove how each will help stop or prevent the individual from engaging in, or threatening to engage in ASB in the future.

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Requests to the Crown Prosecution Service for a CBO on conviction

A local authority request for a CBO should be made using the request template as detailed on www.nyyasbpowers.tools The local authority officer should complete the request template, clearly recording all relevant details.

A police request for a CBO should be made on a MG5 form. The officer should complete the MG5, ticking the box to indicate that an ancillary order is required and that a CBO is requested.

The request template/MG5 form must be electronically submitted to the CPS by secure email and must be accompanied with evidence to support the request for the CBP such as:

nLead officer statement which summarises the defendant's recent offending history

nUp to date PNC prosecutor's print

nVictim personal statements, if necessary

nCommunity Harm statements, if necessary (local authority only)

nIf an exclusion zone is proposed, a clear map of the suggested area. If the defendant lives near the proposed exclusion zone, his / her home address should be marked

nThe views of the YOT (see the section on YJS consultation) if the offender is under 18 years.

nEvidence as to the suitability of any positive requirement/s.

The evidence upon which the application is based should include all relevant offending since 21 October 2013.

As well as the request template, the local authority should also submit [in word format]:

nDraft version of the Notice of Intention to Apply (CPR50 form) and

nDraft hearsay notice.

Timing of Request

The question of whether to apply for a CBO should be addressed as early as possible. The ideal time to request a CBO is at the point of charge. Where the request is made after the decision to charge, the request must be submitted with the initial file in order to allow sufficient time for the CPS to review and serve documents.

If a case is proceeding swiftly to sentence, the CPS may request an interim CBO to allow for a full application to be submitted and reviewed.

Requests submitted after any trial will almost always be too late.

Where a subject's offending history merits a CBO application, such an application can properly be prepared even if the individual has no current impending criminal prosecutions. This approach will allow an application to be submitted to the CPS in a timely fashion where the individual is charged and sent to court.

Additional Evidence

In certain cases, it may be appropriate to submit evidence from:

nThe victims of the subject's offending, including any Victim Personal Statements

nThe victims of similar offences describing the prevalence of that offending in the area

nOfficers with local knowledge describing the prevalence of that offending in the area

nOfficers with specialist knowledge detailing the MO of particular criminal groups or the affiliation and members of gangs

nA relevant body (eg housing association, education, local hospital) about the impact upon the local community and prevalence of this type of offending.

Additional evidence should be submitted in a s9 statement format (as used in criminal proceedings)

It does not matter whether the evidence relied upon would have been admissible in the proceedings in which the offender was convicted.

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CONSULTATION

For a youth there is a statutory duty to consult with the Youth Offending Team before applying to the Youth Court. It may also be appropriate to consult with other bodies or individual the applicant thinks appropriate such as a youth charity that is already working with the young person.

The consultation requirement does not mean that the YOT can veto the application, but it is important that applicants fully consider and take into account representations from the YOT as part of good partnership working when dealing with young people.

The YOT can play a central role in preventing and reducing anti social behaviour by young people, working with them to try and help them stay away from crime.

Criminal Behaviour Order They will also be important in getting the young person to adhere to the conditions imposed through the Criminal Behaviour Order and ensuring that the young person understands what is being asked of them. The conditions will be overseen by a responsible officer in the YOT or children's and family services. YOTs should also work with the applicants to ensure that the positive requirements are tailored to the needs of the young person.

It is suggested that the following process should be used to ensure that each young person's case is fully considered with all appropriate agencies playing their part in stopping and addressing the behaviour of the young person.

Each Local Delivery Team already has a designated decision-making group for ASB purposes, capable of committing resources and acting in the name of the relevant partner bodies. This may be MAPS, or any other suitable local structure. Alternatively, the decision makers may be a group or individual from the applicant authority that has to make the final decision on whether to proceed with an application.

Should we be deploying

Injunction/CBO?

Decision-Making Group

Multi -Agency Case Consultation Meeting

Multi -Agency Case Consultation Meeting

Preparation for Court

Decision-Making Group

Other Options Preparation for Court

Criminal Behaviour Order for a person aged under 18yrs

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There needs to be a consistent process for convening and recording multi-agency case consultation meetings, to support good service delivery and to evidence completion of due process to the courts, the victims and offenders. It will be preferable in the majority of youth cases that the local YOT co-ordinates the multi-agency case consultation meeting, working to an agreed aide-memoire of process and minuting.

Proposed ASB proceedings can start their journey with an in-principle approval in the decision-making group, and then be passed to the multi-agency case consultation meeting for detailed analysis & planning. The multi-agency case consultation meeting can refer back to the decision-making group with advice and recommendations, but it cannot decide to discontinue the proposed proceedings.

Alternatively, ASB proceedings can start their journey with detailed analysis & planning in a multi-agency case consultation meeting, and then be taken to the decision-making group for approval as a pre-packaged proposal. The decision-making group may accept this, or refer it back for further consideration of particular aspects.

The key point is ensuring that the proposal passes through both stages, but being clear about the role of each.

Multi-Agency Case Consultation Meetings

Instigation: Can be instigated by any designated person in agreed partner bodies. Partners cannot be obliged to participate, but neither can they veto the meeting from happening. In all likelihood, the individual will already have been discussed at MAPS (or equivalent) and all other informal interventions will have been tried.

Organisation: Usually convened by local YOT, who will manage invitations, provide chair and minute-taking support, and distribute recommendations. Attendance: Police, Local Delivery Team, Youth Offending Team, School, Youth Service, Children’s and Adolescent Mental Health Service, Children's Social Care, Substance Misuse, Social Housing Provider, Victim Support, Troubled Families Unit and any other appropriate individual or organisation who can add in relevant information about the young person.

Purpose:

nShare information about the young person, including the wider context of their family, school, peers and community. Establish a clear, joined-up picture of the young person's needs and risks.

nEstablish consensus as far as possible upon what the troublesome behaviour is, what causes, aggravates or reduces it. Particularly evaluate the risk and harm presented to victim(s) and community.

nDiscuss what voluntary and statutory measures are available to effect change, and which might best be deployed to support behaviour improvement. Agree a recommended intervention plan, setting out the proposed actions and how they will be provided. Provide a written summary.

Criminal Behaviour Orderindividual aged 18 years or older

There is no statutory requirement for any consultation to be carried out for an adult Criminal Behaviour Order application.

However, in the same way as you would do for a youth application, the applicant needs to make sure that the requirements/prohibitions that they are putting on the Criminal Behaviour Order are the most appropriate ones to stop, rectify and address the behaviour and its causes.

In some cases, you may consider it appropriate to follow a similar process as outlined for the youth consultation – amending the list of attendees as necessary. It is also likely that you will already be discussing the individual at a MAPS meeting (or equivalent). It is also likely that has been a history to the individual such as previously working with a service whilst being under 18years and this information will be crucial for the applicant to make sure that the Criminal Behaviour Order can be as effective as possible for resolving the issues for victims.

Each case will need to be dealt with on its own merits as well as determined by local process, but other organisation's information about an individual may be the vital piece of evidence for the Criminal Behaviour Order to be granted.

for an

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PURPOSE TO DIRECT A PERSON COMMITTING OR LIKELY TO COMMIT ANTI SOCIALBEHAVIOUR, CRIME OR DISORDER TO LEAVE AN AREA FOR UP TO 48HRS

USED BY l l Police Community Support Officers

TEST l Contributing or likely to contribute to members of public in the area being harassed, alarmed or distressed (or the occurrence of crime and disorder) AND l Direction is necessary to remove or reduce the likelihood of the anti-social behaviour, crime or disorder

AUTHORISATION l Officer of at least the rank of Inspector must authorise the use of the powerl Authorising officer can sanction use of power in specified area for a period of up to 48hr or make a decision on a case by case basisl Authorisation has to be given on objective grounds – can include local knowledge of the area and intelligence that there are likely to be problems at a specific timel Wider impacts on issues such as community tensions must also be considered

AREA l For use in public places, including places to which the public has access by virtue of express or implied permission ie shopping centrel Should be defined as a specific geographic location, for example by listing the streets to which it applies or the streets which form the boundary of the area rather than stating “in or around the area of”l Should not be larger than necessary, maps may be available - but not always a requirement

WRITTEN l The Dispersal Notice must be given in writingNOTICE l Must specify the area from which the person must stay out of and the time period

l Can also impose requirements as to the time by which person must leave and routel Must inform that failure to comply is an offencel Officer must ensure person understands the notice and requirements

YOUNG PEOPLE l Notice can be given to anyone who appears to be over the age of 10 yearsl If officer reasonably believes person to be under 16 years, they can be taken to their residence or a place of safetyl Reasonable force can be used to “remove” a person under 16years to their residence, if necessary

RESTRICTIONS l Cannot be given to anyone engaged in peaceful picketing or public processionl Cannot restrict someone from having access to the place where they live, or from attending a place where they:

l Work, or are contracted to work for that period of timel Are required to attend by court or a tribunall Are expected for education or training, or to receive medical treatment

PROPERTY l Police Officer or PCSO can require person to hand over items causing or likely to cause ASBSURRENDER l No power to seize, person's consent is required – but is an offence not to hand over item when

asked to do sol Surrendered items must be held at police station, to be collected after expiry of the noticel Item can be destroyed or disposed of after 28 days, beginning on the day the notice was givenl If under 16, required to be accompanied by parent or other responsible adult to collect item

PROACTIVE l Where use of the dispersal power has been authorised in advance, the police may wish to considerPUBLICITY providing information to those who may be affected.

VARIATION/ l Original notice can be varied or discharged by any officerDISCHARGE

BREACH l Failure to comply is summary only criminal offence dealt with in magistrates (adult) or youth courtPROCESS l Failure to surrender items is also criminal offence

PENALTY l Adults – failure to comply – maximum level 4 fine and/or 3 months imprisonmentl Youths – failure to comply – maximum level 4 finel All – failure to surrender items – maximum level 2 fine

APPEALS To the Duty Inspector at the local police station

Police Officers in uniform and

DISPERSAL POWER

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The new s35 dispersal power is a preventative tool as it allows an officer to deal instantly with someone's behaviour to nip problems in the budbefore they escalate.

DISPERSAL POWER

Where the power is used regularly, the local council and police should work together to find sustainable long term solutions and in all instances, the impact on the local community should be considered before using the power.

Consultation

The authorising officer (Insp) may wish, where practical, to consult with the local council or other organisations/ community representatives before making the authorisation.

When it has not been practical to do so prior to the power being used, the officer may wish to notify the council or representatives if the power has been used.

When pre-determining geographical areas from which to disperse individuals, local officers are encouraged to speak with representative bodies such as local licensing teams, youth support services, youth justice services, local councillors etc so that they all understand the boundaries of the area and the likely impact in the dispersal being used.

Restrictions

The power cannot be used to restrict someone who is engaging in peaceful picketing that is lawful under section 220 of the Trade Union and Labour Relations (Consolidation) Act 1992, or if they are taking part in a public procession as defined in section 11 of the Public Order Act 1986.

In addition, the direction cannot restrict someone from having access to the place where they live or from attending a place where they work, are required to attend by a court or tribunal or are expected to attend for education, training or to receive medical treatment.

Community Support

Consulting with the local council, or community representatives, before the use of the power is authorised may help to understand the implications of using the power within a particular community or whether the community will benefit from the authorisation or use of the power.

Working with the local council can also assist the police in gaining community consensus and support when it is necessary to use the power or assist community relations where there are concerns about the used of the power in a particular area.

Consider the Victim

If the power is used in response to a complaint from a member of the public, the officer should update them about what has been done in response to their complaint.

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Property Surrender

The officer giving the dispersal notice can require the person given the direction to hand over items causing or likely to cause anti social behaviour (harassment, alarm or distress); this could be any item (not vehicles) but would typically be alcohol, fireworks, spray paint etc.

The officer does not have the power to seize the item; the person's consent is required to take the item but it is an offence for the person not to hand over the item when asked to do so.

Surrendered items must be held at the police station and can be collected after the period of the dispersal notice has expired. If the individual is under 16years, they should be accompanied by a parent or other responsible guardian to collect the item. The officer may wish to use the opportunity to speak with the accompanying adult about the young person's behaviour.

Recording

There is a statutory requirement for the officer to record the use of the power; in particular the following must be recorded:

nThe individual to whom the direction is given

nThe time at which the direction is given

nThe terms of the direction (including the area and exclusion period)

nAny variation or withdrawal – the time this was done and the terms of the variation

Area To Leave – Map?

Whilst there is no longer a requirement to produce a map detailing the area from which a person must leave; it is good practice to have pre determined areas for issues such as those which occur with the night time economy.

Each Safer Neighbourhood Area should have a supply of printed maps to issue with the dispersal notice when individuals are asked leave the night time economy area. For other specific, pre planned events such as race days/ football matches/ cricket matches etc, areas can be defined and mapped as part of the operational planning.

When there is no map available or suitable, the officer must clearly write on the notice the area that the person must not enter for the period of the notice. The area needs to be defined by the road names creating the perimeter of the area.

Item can be destroyed or disposed of after 28 days, beginning on the day the notice was given.

Evidence

The use and/or repeated use of the power may be important evidence in either identifying common issues with an area to then look at longer term problem solving or identifying issues with an individual who may require more formal interventions to address their behaviour and its causes.

Partner organisations may be particularly interested in the use of the power to allow them to better plan services/ facilities for those who are being dispersed.

More Flexible Power

The new dispersal power extends the capability of the police to prevent incidents of anti-social behaviour, crime or disorder before they take place in any area.

There is no longer the requirement for an area to be “a designated zone” nor does there need to be two or more people already engaging in the behaviour. The behaviour covers the whole spectrum of anti social behaviour, crime and disorder and is no longer limited to issues with the night time economy.

There is no longer the requirement for the officer to definitely establish the person's age as it is available is the person “appears to be aged 10 or over.”

In many cases, pre-authorisation of the use can and will fit into normal operational processes such as daily management meeting, or specific operational briefings.

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Inspector Authorises the Use of the Dispersal Power (reactive or proactive)

Based on reasonable grounds that th e powers may be necessary in an area for the purpose of removing or reducing the likelihood of:

· Members of the public in that area being harassed, alarmed or distressed or

· The occurrence of crime and disorder in that area

Authorisation must be in writing, signed by the officer specifying the grounds on which it has been authorised detailing any consultation undertaken

Once Power is granted, officer can use the power to give a person a Direction provided:

Reasonable grounds to suspect that the behaviour o f the

person in the area has contributed to or is likely to contribute to members of the public in the area being harassed, alarmed or distressed, or the occurrence of crime and disorder in the

area AND Giving the direction is necessary for the purpose of removing

or reducing the likelihood of that harassment, alarm or distress of the occurrence of crime and disorder

Giving the Direction

· Person (over 10 years) to leave all or part of area (must give details on notice)

· Can be told to stay out of area for up to 48hrs

· Under 16s can be taken to place of safety (not requirement if not deemed necessary)

· Notice must be given in writing

· Must inform breach is offence

Restrictions The power cannot restrict someone from:

· engaging in peaceful picketing or taking part in a public procession

· accessing the place where they live or from attending a place where they work, are required to attend by a court or tribunal or are expected to attend for education, training or to receive medical treatment.

Property Surrender If reasonable belief item has or is likely to used in behaviour that harasses, alarms or distresses public,

· Officer can ask person to surrender that item

· In writing

· Inform failure to comply is offence

· Inform when and from where to collect

· Under 16s must be accompanied by parent/guardian

Compliance

Issue reduced or removed

Withdrawal/Variation

· Given in writing by any officer

· Can shorten notice period but not lengthen

· Can vary area

Non – compliance

· Criminal offence

· Adults – failure to comply: maximum level 4 fine and/or 3 months imprisonment

· Youths – failure to comply: maximum level 4 fine

· All – failure to surrender items – maximum level 2 fine

Magistrate court process

Appeal To the Duty Insp at police station

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PURPOSE TO STOP A PERSON AGED +16YR, BUSINESS OR ORGANISATION COMMITTINGANTI SOCIAL BEHAVIOUR WHICH SPOILS THE COMMUNITY'S QUALITY OF LIFE

USED BY l Council Officers Police officers in uniform

TEST l Have detrimental effect on the quality of life of those in the localityl Be of a persistent or continuing nature andl Be unreasonable

WRITTEN l Must be given and must be clear that CPN will be issued if behaviour does not stopWARNING l Should outline the anti social behaviour and time given for behaviour to stop/ be rectified

l Can include potential consequences of breaching the CPN

DETAIL OF CPN l In person or through the postl Must include the anti social behaviour which has caused the CPN to be issued, and its effects on the local communityl Drafted to be appropriate to situationl Can include any or all of the following requirements:

l To stop doing specific thingsl To do specific thingsl Take reasonable steps to achieve the desired result

l Should include consequences of breaching the CPN & appeal process

OWNER/ l Conduct on, or affecting, premises that a particular person Owns; Leases; Occupies; Controls;OCCUPIER Operates or Maintains is considered to be conduct of that person

l CPN can be issued even if you don't know where the owner/ occupier is provided the issuing officer has made reasonable enquiries ie council tax checks or land registry checks l The CPN can be posted on the premises; and is considered as being issued at the time it is posted

CONSULTATION l Must always consult with Environmental Health Team to establish whether complaint is statutory nuisance l Any appropriate body or individual must be informed before issuing CPN – issuing body will need to determine who is appropriatel Should always be time to consult with other organisations to determine what the issue is and the most appropriate solution

FAILURE TO FIXED PENALTY NOTICE l Given by Police Officer/ Council Officerl Maximum £100, lower if paid within certain time; Discharges any liability to court convictionWORKS IN DEFAULTl Failure to comply with CPN issued by local council could mean that the council carries out any remedial work to resolve the issue. If issued by police, the issuing officer needs to speak with the local council to determine the most appropriate way forward which may mean the council carrying out any remedial work. It is the council which needs to establish what works are requiredl On land open to air, council can undertake remedial work without owner/occupier consentl Required work inside can only be undertaken with owner/occupier consentl Council must inform owner/occupier of works and costs “reasonable charge”l Reasonable charge can be no more than is necessary to restore land to the standard specified in the notice but can include officer time, use of cleaning equipment (unless of specialised nature) and admin costs relating only to the clearing itselfREMEDIAL/FORFEITURE/SEIZURE ORDERSl On conviction for failing to comply, prosecuting authority may ask the court to impose remedial or forfeiture orderl When items forfeited, can be disposed of or destroyed (or re-homed in case of animal)l If seizure, enforcement officer can use reasonable force to seize item/sCONTEMPT OF COURTl Failure to comply with any requirements in above order is contempt of court, could lead to custodial sentence. Individual fine up to level 4 or £20000 for organisations

APPEALS l Can be appealed in magistrates court on number of grounds within 21 days of issuel Prohibitions remain in place but not requirementsl Remedial works costs can also be appealed if considered disproportionate

l

COMMUNITY PROTECTION NOTICE

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Councils often take the lead in dealing with these types of issues and it is suggested that they should continue to do so with support from the local police.

COMMUNITY PROTECTION NOTICE

The test for issuing a Community Protection Notice is purposefully designed to be broad and focuses on the impact the behaviour is having on victims and communities.

The process for issuing a notice can be started if the council/police are satisfied on reasonable grounds that the conduct of the individual, business or organisation is

nHaving a detrimental effect on the quality of life of those in the area

nIs persistent or continuing in nature and

nIs unreasonable

Statutory or Non-Statutory Nuisance?

Statutory nuisances are dealt with by the local council Environmental Health Team, the issuing of a CPN does not and can not discharge the council from its duty to issue an Abatement Notice if the behaviour is considered to constitute a statutory nuisance.

Statutory nuisance is one of the matters listed below and is judged to be “prejudicial to health or nuisance”. The issues are:

nState of premises

nSmoke emitted from premises

nFumes or gases emitted from (domestic) premises

nAny dust, steam, smell or other effluvia arising on industrial, trade or business premises

nAny accumulation or deposit

nAny animal kept in such a place or manner

nAny insects emanating from relevant industrial, trade or business premises

nArtificial light emitted from premises

nNoise emitted from premises

nNoise emitted from, or caused by a vehicle, machinery or equipment in a street

nAny other matter declared by any enactment to be a statutory nuisance

Detrimental?

Officers should consider speaking to potential victims to understand if the issue is detrimental to the community. This will help build the case prior to using the CPN process and will ensure that the process is not being used to stop reasonable activities such as busking.

Persistent?

Officers should look at each case individually – there is no one definition of persistent. Storing rubbish in a garden over a period of time may be simple but someone continuing to play loud music in a park after being asked to stop may be also be considered to be persistent.

Reasonable?

A baby constantly crying may be detrimental and persistent behaviour but it would not be considered reasonable to issue a CPN to stop it. There is no control over the baby crying and little can be done to stop it.

Assessing nuisance is an objective test based on what is reasonable for the average person. Prejudicial to health means “injurious or likely to cause injury to health”.

It will be imperative to speak with local Environmental Health team and if the issue is considered to constitute a statutory nuisance, the specific law should be used first.

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Written Warning

A written warning must be issued before a CPN can be issued and enough time must be allowed to pass between the written warning and the CPN to allow the individual, body or organisation to rectify the issue.

It is anticipated that the written warning will resolve the majority of the cases. For North Yorkshire and the City of York, an initial letter has been developed which should be issued ahead of any written warning to allow the individual, body or organisation to resolve the issue prior to receiving a formal written warning.

Community Protection Notice

The CPN must be written for the situation and can contain any or all of the following:

nRequirement to stop doing specific things

nRequirement to do specific things

nRequirement to take reasonable steps to achieve specified results

Officers should consider what should be included to stop the behaviour occurring and prevent it from recurring. CPNs are designed to deal with short to medium term problems and timescales can be added to ensure a quick response. It is suggested that the maximum timescale to comply with the notice should be 21 days.

Appeals

Anyone who has been issued with a CPN can appeal its issue within 21 days to the magistrates' court. The process must be included in the CPN.

An appeal can be made if:

nthe behaviour did not take place

nthe behaviour has not had a detrimental effect on the quality of life of those in the area

nthe behaviour was not persistent or continuing

nthe behaviour is not unreasonable

nthe individual cannot reasonably be expected to control or affect the behaviour

nany of the requirements are unreasonable

nthere is a material defect with the CPN or it was issued to the wrong person

Punishing the perpetratoror solving the problem?

When deciding on the most appropriate sanction, the officer should take into account the situation and resolving the problem.

Punishment may not be the most important thing to the victim, they probably just want the behaviour to stop and the situation improve for the future.

They will equally want to know that the issue has been taken seriously. Issuing a FPN to deal with a breach may make them feel like it has been brushed to one side; court action may prolong the issue.

If it is decided that remedial action is the most appropriate, it would be appropriate to update those affected so they know when to expect works to be carried out.

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Complaint received

Issue noted

Consult with Environmental Health department regarding st atutory

nuisance threshold

If stat nuisance,

Environmental Health deals as per existing

processes

If not stat nuisance and therefore eligible for CPN, taken

to next multi agency meeting for further information

Other tools / powe rs available Use other tool/

power through existing processes

Yes

Issue warning letter stating timescales to rectify issue, requirements and prohibitions to

address issue and consequences of not addressing issue ie CPN being issued

No

Compliance achieved Problem solved,

victim/s informed,

No

Community Protection Notice issued within timescales outlined in warning letter

No compliance

Appeal lodged with magistrates

within 21 days

(Prohibitions remain in place but not requirements)

Enforcement action

Default works

carried out by local authority

FPN Court processes

Issue first letter outlining complaint advising it will be investigated

Monitored through multi agency meeting

for 3mth

Liability Discharged

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PURPOSE TO STOP INDIVIDUALS OR GROUPS COMMITTING ANTI SOCIAL BEHAVIOURIN A PUBLIC SPACE

ISSUED BY Local district councils after consultation with police, Police and Crime Commissioner & otherrelevant bodies and community representatives

TEST Behaviour being restricted has to:l be having, or likely to have, a detrimental effect on the quality of life of those in the areal be, or is likely to be, persistent or continuing in nature andl be, or is likely to be, unreasonable

RESTRICTIONS/ l Set by the local council as part of long term problem solving plansREQUIREMENTS l Must be reasonable to impose in order to

l prevent the detrimental effect from continuing, occurring or recurring, orl reduce that detrimental effect or to reduce the risk of its continuance, occurrence or recurrence

l Can be blanket restrictions / requirements or targeted against certain behaviours by certain groups at particular timesl Can restrict access to public spaces including certain types of highway where that route is being used to commit anti social behaviourl Can be used on any “public space” within the local council's area – includes any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission for example, a shopping arcade

ALCOHOL l Can be used to restrict alcohol consumption when test met but can not be used to restrict consumption where the premises / beer garden is licensed to sell alcohol

ACCESS l Council must consider the following when considering restricting public right of wayl Can access be restricted? Some rights of way can not be restricted due to their strategic valuel What is the impact? Is it a primary means of access between two routes and there is another routel Are there any alternatives? Under the PSPO, it may be possible to use other restrictions

l Must consult with potentially affected people about the possible restrictions. Need to be informed about how they can access the plans, how to make comment and by when

DOGS l Requirements or restrictions can be made on dogs and their owners but councils will need to consider whether there are alternatives for dogs to be exercised without restrictionl Consideration given as to how any restrictions would impact on the use of assistance dogs

CONSULTATION l The draft wording of the PSPO must be published on the council's website prior to the PSPO being made or variedl Must consult with the local Inspector, Office of Police and Crime Commissioner and other representatives as appropriate to the terms of the PSPO (residents' assn, regular park users etc).l Owner/ Occupier of land should be consultedl Highways Authority should be consulted if the PSPO seeks to restrict access

PUBLICATION l The PSPO must l Identify the activities having the detrimental effectl Explain the potential sanctions available on breach andl Specify the period for which the PSPO has effect

l Sufficient signage (to bring it to the attention of those using the area) must be placed in the PSPO area when it has been made or varied

LENGTH l Up to three years, can be varied at any point and can run consecutively provided it is reviewedl Short term PSPOs could be used if it is not certain that the restrictions will have the desired effect

VARIATION/ l PSPO can be varied at any point – changing size of area, changing restrictions, changingWITHDRAWAL requirements – must carry out consultation

l PSPO can be withdrawn at any point when issues cease cause problemsl When being withdrawn, a notice identifying the order and stating the date when it ceases to have effect must be published on the council website and a notice placed in the area

ENFORCEMENT l Can be enforced by police officer, PCSO or council officers including those designated by council and those who are CSAS accredited

PENALTY l Criminal offence without reasonable excuse to do anything prohibited / fail to do anything required

l Fixed penalty notice of up to £100 if appropriate (if paid discharges liability to any court conviction)

l Fine of up to level 3

PUBLIC SPACES PROTECTION ORDERS

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District/Unitary councils will be responsible for making the new Public Space Protection Order (PSPO) although enforcement powers can be much wider.

PUBLIC SPACES PROTECTION ORDERS

The PSPO should deal with a particular nuisance or problem in a particular area that is detrimental to the local community's quality of life, by imposing conditions on the use of that area.

The definition of a public space is wide, and can include any place to which the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission, for example a shopping centre.

Land requiring special consideration

Before a PSPO can be made, consideration needs to be given to determine if the land falls into any of the following categories (check with County Council or City of York Council):

nRegistered common land: mapped as open access land under the Countryside and Right of Way Act 2000 with a right of public access on foot.

nRegistered town or village green: Town and village greens developed under customary law as areas of land where local people indulged in lawful sports and pastimes.

nOpen access land: covers mountain, moor, heath and down, registered common land, and some voluntarily dedicated land (Forestry Commission).

If an order is considered on one of these types of land, the council should discuss the restrictions/requirements with relevant forums and user groups.

Holding a public meeting would also be advisable so all those who may be affected are able to raise any concerns.

Finding the right solution for everyone

Issues could be highlighted through the local Multi-Agency Problem Solving group (or equivalent). Following this, the council must consult with the local Police Safer Neighbourhood Inspector, the Office of Police and Crime Commissioner and relevant individuals, bodies or organisations including the owner/occupier of the land.

The consultation will not only help to identify the issues that need to be included in the PSPO and therefore the right solution but will also give the opportunity to discuss the practicalities of enforcement.

Parish/town councils included in the PSPO area must be notified as well as the highways authority if the PSPO is to restrict access (County council or City of York council).

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Contents of the PSPO

The PSPO should be drafted for each area based on the individual issues and needs of that public area. One PSPO can include several restrictions or requirements so there should not be multiple PSPOs across the same area.

The PSPO should be designed to make the area welcoming to the majority of law abiding residents and visitors and restrictions/ requirements can be targeted at specific people, apply at certain times or in certain circumstances.

The draft PSPO must be published on the council's website to ensure affected individuals, bodies or organisations are able to make comment – the council must consider any comments received before making the PSPO.

Once made

Once the PSPO has been made, sufficient signage (at least one) must be placed within the area detailing the activities that are having the detrimental effect, explain the potential sanctions on breach and specify the period for which the PSPO has effect. It would be encouraged for contemporaneous photographs to be taken of the sign for any breach proceedings.

A relevant team within the council