01992 453 700
www.b3living.org.uk
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
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
Criminal Behaviour Order (CBO) Injunction to Prevent Nuisance & Annoyance (IPNA)
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
Community Protection Notice (CPN) Community Protection Order (Public Space) Community Protection Order (Closure)
Section 30 Dispersal Order Section 27 Direction to Leave
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
tackle? • Mental health
• 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?
