An#- Social Behaviour, Crime and Policing Act 2014

Transcription

1 An#- Social Behaviour, Crime and Policing Act 2014

2 Background to the Act Designed to: Put vic1ms at the heart of the response to an1- social behaviour Give professionals the flexibility they need to deal with any given situa1on Commencement date 20 th October 2014

3 Community Trigger Allows a vic1m of ASB to ask for a review of their case if they meet the threshold Vic1ms can be individuals, businesses, community groups Is intended to be a route for mul1- agency problem solving not a means of complaining about an individual or individual agency If the threshold is met a review must be carried out Those carrying out a review have the power to make recommenda1ons to those carrying out their public func1on

4 Community Remedy This gives vic1ms a say in the out- of- court punishment of perpetrators for low level crime and an1- social behaviour The Community Remedy document will be agreed by PCC and Chief Constable and will be published by PCC Lists the ac1ons that they think will be appropriate in a par1cular case to be carried out by a person who has engaged in ASB or commiqed an offence that will be dealt with without court proceedings

5 In prac#ce Someone commits a low level crime or ASB They admit the offence Police officer considers that a community resolu1on is appropriate The perpetrator agrees to the ac1on

6 The police officer invites the vic1m to choose an appropriate ac1on from the Community Remedy document The police officer will make the final decision as to what ac1on is appropriate The perpetrator agrees to the ac1on, signs an agreement and carries out the ac1on The perpetrator provides proof that they have completed the ac1on and the maqer is resolved The vic1m is informed that the ac1on has been completed

7 Civil injunc#on Early interven1on to stop or prevent individuals from engaging in an1- social behaviour quickly Prohibi1ons and posi1ve requirements

8 Civil injunc#on - Tests If the person has caused, or was likely to cause, harassment, alarm or distress to any person or The person has engaged in behaviour that was capable of causing nuisance and annoyance This applies when the applicant is the police, local authority or housing provider and the ASB relates to the vic9m s occupa9on of their residen9al premises

9 Civil injunc#on Breach Breach is not a criminal offence but will require the criminal standard of proof Punishable as contempt of court Adults up to 2 years imprisonment or unlimited fine Young person Supervision order with supervision, curfew and ac1vity requirements. 3 month deten1on order possible in serious cases for those aged 14-17

10 Criminal Behaviour Order Applies where a person (the offender) is convicted of a criminal offence applica1on made by prosecu1on No longer the need to make a link between the offence for which the person has been convicted and the an1- social behaviour to be addressed Prohibi1ons and posi1ve requirements

11 Criminal Behaviour Order - Test If the person has caused, or was likely to cause, harassment, alarm or distress to any person

12 Criminal Behaviour Order Breach The offender commits an offence when: Does anything they are prohibited from doing or Fails to do anything they were required to do Could be imprisoned for up to 5 years or a fine or both

13 Community Protec#on No#ce The conduct of an individual or body is having a detrimental effect on the quality of life of those in the locality Is of persistent nature The conduct is unreasonable

14 Community Protec#on No#ce Imposes any of the following: A requirement to stop doing specified things A requirement to do specified things A requirement to take reasonable steps to achieve specified results

15 Community Protec#on No#ce It is an offence not to comply with a No1ce A person is liable, on summary convic1on, to a fine not exceeding 2,500 individual A fine not exceeding 20,000 body Local authority can allow the offence to be discharged with a Fixed Penalty No1ce

16 Community Protec#on No#ce Local authori1es can (in the future) delegate RSLs to issue CPN on their behalf Important to bear in mind that: Any appeal will be defended by local authority Any breach will be prosecuted by local authority

17 Public Space Protec#on Order The local authority can make an order as long as two condi1ons are met Ac1vi1es in a public place have a detrimental effect on the quality of life of those in the locality or it is likely that ac1vi1es will be carried out that have such an effect The effect or likely effect is of persistent or con1nuing nature Jus1fies the restric1ons imposed

18 Closure Powers Closure No#ce Allows police or local authority to close a premises for up to 48 hours without going to court and with no right of appeal if: The following has occurred or is likely to occur if the power is not used: Nuisance to the public Disorder near the premises At this stage the owner or occupier of the premises cannot be excluded

19 Closure Powers Closure Order Within 48 hours of the Closure No1ce being issued, the Magistrates Court must hear the applica1on for the Order The following has occurred or is likely to occur if the power is not used: Disorderly, offensive or criminal behaviour in the premises Serious nuisance to members of the public Disorder near the premises associated with the use of the premises

20 Closure Powers Closure Order The order will last for up to 3 months On applica1on, the order can be extended by 3 months The making of a Closure Order can be appealed Applica1on can be made to the court of compensa1on for financial loss as a result of the Closure Order

21 Dispersal Powers Inspector can authorise the dispersal power to be used in an area if there is likely to be ASB, crime or disorder in the area an it may be necessary to use the Dispersal Power The authorisa1on lasts for up to 48 hours

22 Dispersal Powers Someone can be given a direc1on to leave an area if their behaviour has contributed to, or is likely to contribute to: Members of the public in the locality being harassed, alarmed or distressed The occurrence in the locality of crime and disorder The direc1on is necessary to reduce the likelihood of an1- social behaviour, crime and disorder

23 Absolute ground for possession A new absolute ground for possession of secure or assured tenancies where the ASB or criminality has already been proven in another court Intended to expedite the evic1on of landlords most an1- social tenants to bring faster relief for vic1ms Available to social landlords and private rented sector landlords

24 Absolute ground for possession test The tenant, or a member of their household, or someone visi1ng the premises has met one of the following condi1ons: Convicted of a serious offence Found by court to have breached a civil injunc1on Convicted of breaching CBO Convicted of breaching a Noise Abatement No1ce The tenant s property has been closed for more 48 hours under a closure order for ASB

25 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 or his staff/contractors Secure tenants of local housing authori1es will have a statutory right to request a review of the landlord s decision to seek possession. Private providers are encouraged to adopt a similar prac1ce

26 Absolute ground for possession Unlike exis1ng discre1onary grounds the landlord will not have to prove to the court that it is reasonable to grant possession The court, therefore, is likely to determine cases in a single, short hearing The court will not be able to postpone possession to a date later than 14 days ajer the making of the order except in excep1onal circumstances and will not be able to postpone for later than six weeks in any event

27 Ques#ons and answers