Transcript No Slide Title

ASB Legislative Changes
Tees Valley Landlord Event
19th Mar 2015
Overview of Community Safety
• 4 Neighbourhood Safety Officers – each with geographical area of
responsibility
• Mixture of prevention, education, diversion & enforcement
• 2 Victim Liaison Officers – provides support to victims of ASB
• 2 Tenancy Relations Officers; provides free tenancy referencing
service, post tenancy visits, assistance with tenancy sign ups and
provides advice & support to landlords
• CCTV – 177 static cameras, 21 loudspeakers & 5 mobile cameras
• 12 Street Wardens (significant reduction of resources)
• Management of Metz Bridge Gypsy & Travellers Site
• Work closely with partner agencies; i.e. Police, DWP, Fire Brigade,
Trading Standards, RSLs, YOS & Probation
Introduction to ASB Bill
•
•
•
•
•
•
•
Implemented October 2014
Now known as ASB, Crime & Policing Act 2014
Legislation slimmed down previous 19 powers to 6
Civil Injunction to commence 23/3/15
More speedy & effective remedies
Focus on victims & witnesses
Act also introduces 2 new measures to tackle ASB;


Community Remedy
Community Trigger
Civil Injunction
- To stop or prevent individuals engaging
in ASB quickly, nipping problems in the bud before they escalate
•
•
•
•
•
•
•
•
Commencement delayed until 23/315
Replaces ASBO, ASBI, DBO, ISO & Intervention Order
Applicants; Councils, Police, RSLs & Environment Agency
Civil standard of proof (easier to grant)
Heard in County Court. Youth Court for minors (10-17yrs)
No exclusion zone for minors
Maximum 12 month order for U18’s
Can include element of positive requirement i.e.
drug/alcohol treatment or mediation
• Must consult with YOS for U18’s
• Can exclude owner occupiers & private tenants from their
property
• Breach contempt of Court
Criminal Behaviour Order
– Issued by any
criminal court against a person who has been convicted of an offence
to tackle the most persistently anti-social individuals who are also
engaged in criminal activity
•
•
•
•
•
•
•
•
•
Replaces CRASBO
Applicants – CPS (or following request from Police or Council)
For ASB individuals also engaged in criminal activity
Breach – criminal offence – power of arrest
Hearsay evidence admissible
Criminal standard of proof (beyond reasonable doubt)
U18’s – 12 months min, 3 years max (must review annually)
Adults – 2 years min – indefinate
Can also include positive requirements i.e. anger management,
youth mentoring, job readiness course
Community Protection Notice
- To stop a
person, business or organisation committing ASB which spoils the
community’s quality of life
• Replaces litter clearing notice, street litter control notice &
defacement removal notice
• Can deal with a variety of issues i.e. noise, litter, ASB, graffiti
• Who can issue – Council, Police Officers, PCSO’s & RSLs (if
designated by Council)
• Must give written warning first
• Doesn’t replace statutory functions i.e. noise abatement notice
• Breach is a criminal offence
• A fixed penalty notice can be issued of up to £100
• A fine of up to £2,500 or £20,000 for businesses
Public Spaces Protection Order
- Designed to
stop individuals or groups committing ASB in a public place
•
•
•
•
•
•
•
•
Replaces DPPO, Gating Orders & Dog Control Orders
Councils issue PSPO after consultation with Police & PCC
Prevents ASB in public place i.e. shopping precinct or park
More than 1 restriction can be added to same PSPO – can
deal with wide variety of behaviours
Breach is a criminal offence
E/O’s can issue a fixed penalty notice of up to £100
A fine of up to £1000 on prosecution
Current orders will continue for 3 years
Closure Power
- To allow the Police or Council to
quickly close premises which are being used, or likely to be
used, to commit nuisance or disorder
• Replaces closure order, crack house closure, noisy premises
closure order & S161 closure (Police power)
• Council & Police can apply
• Closure notice for up to 48 hours (out of Court warning) –
cannot stop owner accessing premises
• Closure order for up to 6 months issued via Magistrate
Court – can restrict all access
• Notice & Order can cover residential (inc psl & o/occ),
business, non-business & licensed premises
• Breach criminal offence; Notice – up to 3 months in prison
Order – up to 6 months in prison
Both – up to an unlimited fine
Police Dispersal Power
- Requires a person
committing or likely to commit ASB, crime or disorder to leave
an area for up to 48 hours
•
•
•
•
•
•
Replaces dispersal order & S27 Direction to leave
Only Police can apply
To address ASB, crime or disorder in hotspot area
Authorised by Rank of Inspector or above
48 hours max
Police Officer or designated PSCO can give direction to
leave to anyone who is, or appears to be, over 10 years old
• Breach is a criminal offence
• Failure to comply; up to a £2,500 fine and/or up to 3
months in prison
• Failure to hand over items; up to a £500 fine
Community Remedy
- gives victims a say in the out-of-court
punishment of offenders for low-level crime & ASB
•
•
•
Duty on PCC to consult with public
Applicants; Police Officer, PCSO (if designated) or persons authorised by a
relevant prosecutor for conditional/youth cautions
Examples of sanctions; reparation, face to face apology, targeted
intervention, diversionary activities or ABC
Community Trigger
– To give victims & communities the right to
request a review of their case & bring agencies together to take a joined up,
problem-solving approach to find a solution
•
•
•
•
Fiona Pilkington case
Relevant bodies; Council, Police, CCG & RSLs
Ensures joined up approach/victims supported
Threshold; 3 or more reports regarding same problem in last 6 months or
more than 1 individual has made 5 or more reports about the same
problem
Q&A