ASB Crime & Policing Act 2014

Overhauls whole system of dealing with ASB Puts Victims first Act commenced on 20 th October 2014

ASB Crime & Policing Act 2014

Very brief overview of : • 7 new powers introduced & • 2 additional provisions Community Remedy (Restorative Justice) ASB Case Reviews (Community Triggers ) 24/04/2020 2 www.hastings.gov.uk

Former range of powers : New toolkit

Anti-Social Behaviour Order ASBO on Conviction Drinking Banning Order Drink Banning Order on Conviction Anti-Social Behaviour Injunction Individual Support Order Intervention Order

Injunction Criminal Behaviour Order

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

Community Protection Notice Public Spaces Protection Order New Closure Power

Section 30 Dispersal Order Section 27 Direction to Leave

Dispersal Powers

24/04/2020 3 www.hastings.gov.uk

ANTISOCIAL BEHAVIOUR INJUNCTION (ASBI)

Meaning of ASB : Conduct capable of causing

nuisance or annoyance

to a person in relation to that person’s occupation of residential premises Conduct that has caused, or is likely to cause,

harassment, alarm or distress

to any person 24/04/2020 4 www.hastings.gov.uk

INJUNCTION – Applications

• Applicants include : Local Authority / Housing Provider / Police / Environment Agency / NHS Protect • An Injunction can be applied for against any person aged 10 and over.

• Must prove that on the balance of probabilities that person has engaged or threatens to engage in ASB 24/04/2020 5 www.hastings.gov.uk

Criminal Behaviour Orders :

if Issued by any criminal court against a person convicted of an offence on application of the Crown Prosecution Service Court is satisfied beyond reasonable doubt that offender has engaged in : behaviour that has caused / likely to cause harassment alarm or distress 24/04/2020 6 www.hastings.gov.uk

Criminal Behaviour Orders :

• Duration of CBO for adults is a minimum of 2 years up to an indefinite period • The duration for under 18s is between 1 and 3 years • Orders can include prohibitions or requirements or both 24/04/2020 7 www.hastings.gov.uk

Community Protection Notice :

CPN issued to those 16 or over & organisations / businesses, If reasonable grounds that : (a) Conduct of the individual / business is a having a

detrimental effect

, of a

persistent or continuing nature

, the Quality of life of those in the locality, on And (b) Conduct is unreasonable 24/04/2020 8 www.hastings.gov.uk

Community Protection Notice :

Power to issue notices: Authorised Council Officers Police Officers / PCSOs Social Landlords (if designated by the council) •

Written Warning must be given prior to serving a CPN

to allow individual time to rectify the situation • Can include a FPN (up to £100 or £20,000 for business) • Breach is a criminal Offence 24/04/2020 9 www.hastings.gov.uk

Public Space Protection Orders :

Local Authority Power

Two part test : (1) Activity is in a public place & has had or is likely to have a detrimental effect on the quality of life of those in the locality (2) Activity is of a persistent or continuing nature & is unreasonable 24/04/2020 10 www.hastings.gov.uk

Public Space Protection Orders :

• There can be one prohibition or multiple prohibitions i.e. : • Consumption of alcohol, skateboarding, busking, OR • requirements like putting dogs on leads.

24/04/2020 11 www.hastings.gov.uk

Police Dispersal Powers :

Requires a person committing or likely to commit ASB, Crime or Disorder to leave an area for up to Max of 48 hours

Use by police officers in uniform and PCSOs (if designated by the Chief Constable) • • • An Inspector or above can authorise the use of the power in a specified locality if behaviour : Contributing or likely to contribute to members of the public in the locality being harassed, alarmed or distressed (or the occurrence of crime and disorder) and necessary to remove or reduce the likelihood of the ASB, crime or disorder Officer can also request individual to hand over items causing or likely to cause ASB i.e. alcohol or spray paint and perhaps even vehicles.

Breach is a criminal offence 24/04/2020 12 www.hastings.gov.uk

Community Remedy (Restorative Justice)

24/04/2020 13 www.hastings.gov.uk

ASB Case Review

(known as the Community Trigger)

Sussex threshold : 3 ‘qualifying’ complaints made in the previous 6 months period Review should take account of : • The persistence of the ASB • The harm or potential harm caused by the ASB • The adequacy of the response to the ASB 24/04/2020 14 www.hastings.gov.uk