Anti Social Behaviour Crime and Policing Bill Update CIH event Key contact: Jane Plant Head of housing management (midlands and south) 0121 200 3486 jane.plant@weightmans.com
In the next 45 mins we will. Remind ourselves of the main provisions of the Bill (whistle-stop tour!) Where are we now? What stages are left? A couple of key areas of dispute Questions and your views
Why change the toolkit? The rationale behind the Bill (as set out in the White Paper) is to speed up the process of tackling ASB whilst driving down the cost of doing so. Theresa May (Home Secretary) stated that she wants to empower victims and communities and will introduce faster and more effective powers to stop the dangerous and yobbish behaviour of those who make victims lives a misery.
If enacted, what will change? Its easier to start with what will remain! Possession on grounds 2/12&14 (with some amendments) Demotion Suspension of RTB/PRTB Noise abatement notices ABC s Informal warnings Formal warnings
If enacted, what will change? Most of the existing provisions will be abolished and replaced. So, we will lose: ASBO CRASBO ASBI Different types of closure orders Different types of dispersal powers Drink banning orders Dog control order Gating order ISO Litter clearing notice
If enacted, what will change? And will be replaced with: Criminal Behaviour Order (CBO) Injunction to Prevent Nuisance and Annoyance (IPNA) Community Protection Notice Community Protection Order (Public Spaces) Community Protection Order (Closure) Directions Power Mandatory ground for possession Extended discretionary ground for possession - riots
CBO (police/la/cps power) The same an a CRASBO Order made on conviction Positive and negative clauses Breach is a criminal offence
IPNA (as initially drafted) Civil Injunction Available against youths in Youth Court (Magistrates ) Adults in County Court Test is conduct capable of causing a nuisance or annoyance and that it is just and convenient Housing providers must prove it is housing related Second type of Injunction where ASB/Breach of tenancy Positive and negative clauses Breach committal proceedings Exclusion orders available from own home We will come back to this later!
Community Protection Notice Notice to deal with problems that negatively affect a persons quality of life Ie litter, graffiti, failing to control a dog Can be served by police, LA or designated officers of PRPs Who will be asking for delegated powers?
New Closure Order Consolidates previous closure orders into one power to tackle behaviour that causes a nuisance LA or Police only Closed for initial 24 hours (but not excluding occupier) Can be extended to 48 hours with senior authorisation Can extended to 3 months by Court and for further 3 months by a court Breach is a criminal offence
Community Protection Order Public Spaces LA power Detrimental effect on the lives of those in the locality Persistent and continuing behaviour E.g. alcohol restricted areas Consultation with Police Signage in area Max 3 years unless apply for extension Breach is criminal offence
Directions Power Police Power Can direct someone to leave area for specified time (not exceeding 48 hours) Harassment, alarm or distress to person in the area Direction in writing Breach is a criminal offence Can require items to be surrendered such as spray paint or alcohol
Mandatory Ground for Possession Triggered by: Serious criminal offence Breach of ASBI Breach of CBO Closure order for more than 48 hours Breach of noise abatement notice Notice Review Court does not consider reasonableness and has no power to make SPO
Riots Proposal to extend the current discretionary grounds for possession based on ASB to convictions for rioting which take place anywhere in UK.
Where are we at now? Considered by House of Commons Considered by House of Lords Passed back to Commons to reconsider issues raised by House of Lords Commons agreed most of Lords amendments What are the main issues raised by HOLs?
Injunctions 8 January - Peers voted by 306 to 178, majority 128, against the plans amid fears that noisy children, carol singers and buskers could fall victim to the new injunctions. Defeat for Government. Debate Appropriate legal test nuisance or annoyance or harassment alarm distress? Standard of proof criminal or civil Different Lords have different views, different amendments were proposed
Back to ASBO test Initial view of many Lords Harassment, alarm, distress test Criminal standard of proof Test of reasonableness Issues (low level ASB, more possessions? Hearsay evidence) After defeat, Lords have tried to find a middle ground.
Lord Taylor Meaning of anti-social behaviour (1) In this Part anti-social behaviour means (a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, (b) conduct capable of causing nuisance or annoyance to a person in relation to that person s occupation of residential premises, or (c) conduct capable of causing housing-related nuisance or annoyance to any person.
Lord Dear ( ) Anti-social behaviour is (a) conduct that has caused, or is likely to cause, harassment, alarm or distress to any person, or (b) in the case of an application for an injunction under this section by a housing provider or by a local authority when exercising similar housing management functions, conduct capable of causing nuisance or annoyance to any person.
Injunction test final view of Lords Argument that Lord Dear s proposal stigmatises social housing tenants. Lord Taylor s proposed clause re IPNA adopted by Lords nuisance and annoyance for private, owner occupiers and social tenants. Harassment, alarm, distress outside of residential issues. Standard of proof remains at civil standard No element of reasonableness introduced
Group applications - Injunctions One other issue re Injunctions which court? Group applications? Law Society Housing Committee s position and proposed amendment
Lord Taylor re group applications (1A) Rules of court may provide for a youth court to give permission for an application for an injunction under section 1 against a person aged 18 or over to be made to the youth court if (a) an application to the youth court has been made, or is to be made, for an injunction under that section against a person aged under 18, and (b) the youth court thinks that it would be in the interests of justice for the applications to be heard together.
Final recommendations of HOLs Adults could be heard in Youth Court if group application Person under 18 can not be excluded from own home Remove breach of tenancy injunction
Exclusion Area of debate in Lords Should people be excluded from own home? Should children be excluded? Lords decided to amend exclusion clause to prohibit exclusion of children under 18
Breach of Tenancy Injunction Separate type of injunction where tenancy breached to mirror s153d Housing Act 1996 Is it needed? What does it do different to the IPNA clause 1? Lords decided to take it out
Final recommendations of HOLs cont Riot ground amended to only apply to tenants or adult or adult member of tenants family and only if serious offence (ie indictable) Now all accepted by House of Commons (4 February 2014) One issue remains opposed by Commons regarding miscarriages of justice which is now in ping pong stage
Conclusions Royal Assent due later this year (once last issues are agreed) Questions, discussions, concerns, thoughts Over to you.