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 out 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 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 Section 30 Dispersal Order Section 27 Direction to Leave Criminal Behaviour Order (CBO) Injunction to Prevent Nuisance & Annoyance (IPNA) Community Protection Notice (CPN) Community Protection Order (Public Space) Community Protection Order (Closure) 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 • Mental health tackle? • 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 of 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 offence • 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 officers, 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 or 20k for a business. • Can insist on remedial work or forfeiture/seizure on 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 order – 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 order (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 or the Police • Following needs to have occurred or will occur 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 or 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 or 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 out 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 outcome. 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 offence 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?
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