Anti-social Behaviour, Crime and Policing Act 2014 Lunch & - - PowerPoint PPT Presentation

01992 453 700 www.b3living.org.uk 01992 453 700 www.b3living.org.uk

Anti-social Behaviour, Crime and Policing Act 2014

Lunch & Learn

Dave Lockerman – Head of Housing Management Kerry Clifford – Safer Communities Team Leader

WARNING

What will I know by the time I’m

• ut of here?
• A little bit about B3Living
• Whether the Act will change my world
• Community Trigger
• Civil Injunction (Injunction to Prevent

Nuisance & Annoyance (IPNA))

• Criminal Behaviour Order (CBO)
• Community Protection Notice (CPN)
• Dispersal
• Closure
• Absolute Ground for Possession

Us

• B3Living – Better Homes, Communities, Business.
• Created after stock transfer in 2006
• Re-branded from

Broxbourne HA in 2012

• 4200 properties including 600 Leasehold
• Mainly contained to borough of Broxbourne Herts

How we approach ASB

• Specialist Safer Communities Team
• Team includes two tenure blind Intensive Support

Workers

• Receive funding from County Council to deliver Troubled

Families work

• Signatory of the Respect Charter for Housing
• Were HouseMark ASB accredited
• Won a Lemos & Crane award for the fact we carry out

perp surveys

• Satisfaction for reporters remains consistently above 90%
• Received around 500 reports of ASB last year
• Our residents account for 11% of households in the

borough but account for only 6.7% of ASB generally

• 2 evictions for ASB in the last year

ASB, Crime and Policing Act

It’s all still there!

Anti-Social Behaviour Order (ASBO) ASBO on Conviction Drink Banning Order (DBO) DBO on Conviction Anti-Social Behaviour Injunction (ASBI) Individual Support Order (ISO) Intervention Order

Criminal Behaviour Order (CBO) Injunction to Prevent Nuisance & Annoyance (IPNA)

Litter Clearing Notice Street Litter Clearing Notice Graffiti/Defacement Removal Notice Designated Public Place Order Gating Order Dog Control Order Premises Closure Order Crack House Closure Order Noisy Premises Closure Order Section 161 Closure Order

Community Protection Notice (CPN) Community Protection Order (Public Space) Community Protection Order (Closure)

Section 30 Dispersal Order Section 27 Direction to Leave

Dispersal Powers

Seen this?

Available from GOV.UK Its actually pretty good! BUT…

Some dependencies

• How will the courts interpret the Act?
• How good are your partnerships?
• You may need to draw up some new

procedures/amend policy

• No changes to court forms yet…

BUT ANYWAY…

It should all be about…

Do any of the new measures tackle?

• Mental health
• Substance dependency
• Parenting skills
• Generational attitudes
• Domestic abuse
• Community

detachment

• Housing conditions
• Financial exclusion
• Educational attainment/ability
• Worklessness
• Experience of

independent living

Support

• Gets 3 paragraphs in the new guidance!
• HouseMark benchmarking details the

following for actions taken to resolve ASB: 0.7% referral to mental health 0.7% referral to FIP 0.3% referral to drug/alcohol

• Unless we nail this stuff we are only ever…

• The guidance highlights that practitioners

should liaise with their local Troubled Families Unit.

• We’d go a step further and say learn from

the FIP model and apply it to your casework

Lets crack on with this enforcement stuff…

Civil Injunction - Injunction to Prevent Nuisance and Annoyance (IPNA)

• Replaces ASBI & ASBO
• Available on anyone aged over 10
• No minimum or maximum term for over

18’s. 12 month maximum for under 18’s

• Local Council’s, Social landlords, Police,

Transport for London, Environment Agency & NHS Protect can apply

• Balance of probabilities
• Behaviour likely to cause harassment,

alarm or distress (non-housing related) or:

Civil Injunction - Injunction to Prevent Nuisance and Annoyance (IPNA)

• Conduct causing nuisance or annoyance or

conduct is capable of causing housing related nuisance or annoyance and:

• Just and convenient to grant the injunction to

prevent anti-social behaviour.

• County Court and High Court for over 18’s
• Youth Court for under 18’s
• Breach is not a criminal offence but needs to be

proved to criminal standard

• Over 18’s breach is civil contempt of court –

unlimited fine or up to 2 years in prison

Civil Injunction - Injunction to Prevent Nuisance and Annoyance (IPNA)

• Under 18’s: supervision order or as a very

last resort, a civil detention order up to 3 months for 14-17 year olds

• Can include positive requirements- must

be reasonable

• Exclusion from home (over 18’s) or power
• f arrest - where use, or threatened

violence, or significant risk of harm

• Without notice – ‘Exceptional cases’ to

stop serious harm – if successful interim injunction

Criminal Behaviour Order (CBO)

• Available on conviction for any criminal
• ffence
• Over 10. If under 18 must consult with YOT
• Over 18’s 2 years – indefinite. Under 18’s 1-3

years

• Usually CPS but can be local authority
• CPS on own initiative or request from LA or

Police

Criminal Behaviour Order (CBO)

• Beyond all reasonable doubt offender has

engaged in behaviour that has caused or is likely to cause harassment, alarm or distress to any person and;

• The court considers that making the order

will help prevent the offender from engaging in such behaviour.

• Breach is a criminal offence and must be

proved to criminal standard

• Over 18’s summary conviction up to 6 mths

imprisonment or a fine or both

Criminal Behaviour Order (CBO)

• Over 18’s on indictment up to 5 yrs

imprisonment or a fine or both

• For under 18’s youth court sentencing

powers apply

• Can ask for an interim order if there is an

adjournment for sentencing or CBO hearing

• CBO must clearly set out prohibitions and

requirements

Community Protection Notice

Community Protection Notice (CPN)

• Can be issued by Council officers, Police
• fficers, PCSO’s (if designated), Social

landlords (if designated by local authority).

• Over 16’s or a body including a business.
• Behaviour has to have a detrimental

effect on the quality of life of those in the locality; be of a persistent or continuing nature; and be unreasonable.

Community Protection Notice (CPN)

• Breach is a criminal offence. A fixed penalty

ticket of up to £100 if appropriate. A level 4 fine

• r 20k for a business.
• Can insist on remedial work or forfeiture/seizure
• n breach of CPN
• Anyone issued with a CPN can appeal it in the

Magistrates court.

• Issuing a CPN does not discharge the Council

from its duty to issue an Abatement Notice.

• Before a CPN can be issued a written warning

must be issued to the person committing the ASB

Community Protection Notice (CPN)

• Warning must make clear if the behaviour

doesn’t stop they will receive a CPN

• CPN must include:
• A requirement to stop doing specified

things;

• A requirement to do specified things;
• A requirement to take reasonable steps

to achieve specified results.

• CPN’s are deigned to deal with short or

medium term issues.

Absolute ground for possession

• Social landlords and private rented sector

landlords

• Tenant/member of household/person

visiting meets one of the following:

– Convicted of a serious offence – Found by a court to have breached a civil injunction – Convicted for breaching a criminal behaviour

• rder

– Convicted for breaching a noise abatement notice; or – The tenant’s property has been closed for more than 48 hours under a closure order for ASB

Absolute ground for possession

• Offence/breach needs to have occurred

in the locality of the property or affected a person with a right to live in the locality or affected the landlord/staff/contractors.

• If the test is met court must grant a

possession order

• Secure tenants have statutory right to

request a review of landlords decision. Private/Registered providers should adopt similar practice

• Need to serve notice of proceedings

within 12 months of the relevant conviction (or appeal) or within 3 months where property has been closed under a closure

• rder (or appeal).

Absolute ground for possession

• 4 weeks Notice period (or rent period). 1

month on fixed term or the rent period.

• Notice valid for 12 months.

Closure

• Closure notice can only be used by Council
• r the Police
• Following needs to have occurred or will
• ccur if power not used:

Closure notice (up to 48hrs) – Nuisance to the public; or – Disorder near those premises Closure Order (up to 6 months) – Disorderly, offensive or criminal behaviour; – Serious nuisance to the public; or – Disorder near the premises

Closure

• Closure notice cannot prohibit access in

respect of anyone who habitually lives on a premises.

• A Closure Order can prohibit access to those

who live at the premises.

• Application at Magistrates court for Closure

Order

• An application for a Closure Order should be

made on every issue of a Closure Notice

• The courts are required to hear the application

within 48 hours of the service of the closure notice.

• Both the notice and order can cover any land
• r any other place

Closure

• Breach – criminal offence: Notice up

to 3 months in prison. Order up to 6 months in prison. Both: Up to an unlimited fine.

• Court can extend closure notice at

application for Order for a further 48hrs

• r continue up to 14 days if hearing is

adjourned

Public spaces protection order (PSPO)

• Councils can make a PSPO on any public

space within its own area.

• The Council must consult with the local

Police and the land owner

• Behaviour being restricted has to:

– be having, or be likely to have, a detrimental effect on the quality of life of those in the locality; – be persistent or continuing in nature; and – be unreasonable

Public spaces protection order (PSPO)

• Can prohibit certain activities as well as

placing requirements on individuals carrying

• ut certain activities
• More than one restriction can be on same

PSPO

• Breach is a criminal offence - Up to £100

fixed penalty ticket or Level 3 fine (£1000) on prosecution.

Dispersal

• Relates to a specific area but can be

immediate

• Must be authorised by at least an

inspector beforehand

• Police Officers (in uniform) and PCSO’s (if

designated) can give a direction to leave an area

• Over the age of 10. Under 16 can be

taken home/place of safety

• Can confiscate any item that could be

used to commit ASB, crime or disorder.

• Direction can be for up to 48hrs

Dispersal

• Test:

– Contributing or likely to contribute to members of the public in the locality being harassed, alarmed or distressed and; – direction necessary to remove or reduce the likelihood of the anti-social behaviour, crime or disorder.

• Breach is a criminal offence – up to level 4

fine (£2500) and/or up to 3 months in prison (if over 18)

• Failure to hand over items: up to level 2 fine

(£500)

• Under 18 Youth Court

Community Trigger

• Can be triggered by a victim (can be a

business or community group) of ASB, or a person acting on their behalf

• Applies to Councils, Police, CCG’s and

Registered Providers who are co-opted

• Defined locally but threshold no higher than:

3 complaints in the previous 6 month period

• May also take account of persistence of ASB,

harm or potential harm caused, adequacy of response to the ASB.

Community Trigger

• Agencies need to decide whether the

threshold has been met and communicate to the victim

• If threshold is met a case review will be

undertaken by partner agencies

• Victim should ten be informed of
• utcome. Where further actions necessary

an action plan will be discussed with victim including timescales.

Community Remedy

• Gives victims a say in the out of court

punishment of perpetrators for low level crime and ASB

• Entirely voluntary
• Police Officer, PCSO (if designated), person

authorised by a relevant prosecutor for conditional cautions or youth conditional cautions.

• Officer must have evidence that the person

has engaged on ASB or committed an

• ffence

Community Remedy

• Person must admit the behaviour/offence

(and agree to participate)

• Officer must think the evidence is enough

for court proceedings or impose a caution but considers a community remedy more appropriate

• Should select from Community Remedy

document

You’ve made it! Thanks for listening

Any Questions?