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Facilitated by

Facilitated by. Anti-Social Behaviour – Tools and powers Thursday 29 th November 2012. Facilitated by. Welcome Sian Chambers, Head of Housing and Community, Welwyn Hatfield Borough Council. Introduction to new tools and powers Christine Graham. Putting Victims First

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Facilitated by

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  1. Facilitated by Anti-Social Behaviour – Tools and powers Thursday 29th November 2012

  2. Facilitated by Welcome Sian Chambers, Head of Housing and Community, Welwyn Hatfield Borough Council

  3. Introduction to new tools and powers Christine Graham

  4. Putting Victims First More effective responses to anti-social behaviour

  5. Putting victims first • Empowering communities • Swift, effective action • Long term solutions

  6. The Government wants to see: • Agencies identifying vulnerable and repeat victims earlier and responding at the first sign of trouble • A simpler toolkit – with 19 powers reduced to 6 • Tough orders to deal with ASB that escalates into criminality • The community getting involved in tackling ASB • Agencies held to account locally by Police and Crime Commissioners and by victims through the Community Trigger

  7. Community Trigger • Places a duty on statutory members of Community Safety Partnership to act where: • Five individuals from five different households in a neighbourhood complain; or • An individual complains to authorities on a minimum of three occasions • Community Safety Partnership can reject the complaint as malicious

  8. Community Trigger • ASB will be defined as ‘harassment, alarm or distress’ to members of the public not ‘nuisance and annoyance’ • Third parties (in the case of vulnerable victims) and businesses will be able to initiate the trigger • Duty to act – letter within 14 days explaining what action will be taken

  9. Community Trigger • Partnerships must decide and publish criteria, process and reporting mechanism they intend to use • Pilots are currently running and are due to finish at the end of October • Further guidance will then be published

  10. Community Trigger Pilots • Brighton and Hove – see council website • Richmond Housing Partnership – see their website • Manchester City Council – see council website

  11. New tools and powers

  12. Criminal Behaviour Order ASBO Drink Banning Order Drink Banning Order on conviction ASBO on conviction Crime Prevention Injunction Individual Support Order Intervention Order ASB Injunction Graffiti Removal Notice  Litter Clearing Notice Street Litter Clearing Notice Community Protection Notice Designated Public Place Order Gating Order Dog Control Order Community Protection Order (public space) Community Protection Order (closure) Premises Closure Order Crack House Closure Order Noisy Premises Closure Order S161 Closure Order

  13. Definition of anti-social behaviour • Crime Prevention Injunction – nuisance and annoyance • Criminal Behaviour Order – behaviour likely to cause harassment, alarm and distress

  14. Crime Prevention Injunction • In effect it will be an ASBI • Civil burden of proof – balance of probability • Hearsay evidence admissible • Will be granted when defendant engaged in conduct causing annoyance to another and it is just and convenient to make the order • Can impose positive obligations eg drug and alcohol programmes • No maximum or minimum duration – still under consideration

  15. Crime Prevention Injunction • Will be heard in the County Court – more amenable to hearsay evidence • 10-17 year olds will be heard in Youth Court • Interim orders available without notice • Generally need to take account of the views of other partners • £175 to apply for an injunction in the County Court

  16. Crime Prevention Injunction • Power of arrest can be attached to whole injunction or just certain clauses • Breach of injunction = contempt of court • Breach must be proved ‘beyond reasonable doubt’ • Adult – unlimited fine or max imprisonment of 2 years • Child – imposition of curfew, activity or supervision requirement • Repeated breach causing serious harm by 14-17 year olds could lead to custodial sentence

  17. Criminal Behaviour Order • Replaces post conviction ASBO and is part of the sentencing process • LA and police can ask CPS to request an order on conviction • Available against any offence not just one involving ASB • Order made where it would assist prevention of harassment, alarm or distress to member of the public • Can have positive obligations • Breach is a criminal offence with a maximum of five years in custody • Police will be able to deal with ‘minor breaches’ quickly and informally

  18. Timing? • Third session of Parliament (where a future ASB Bill would be introduced) will run from May 2013 – May 2014 • Any announcements on the legislation to be included in this session will be made in the Queen’s Speech in May 2013 before anything else is announced into the public domain • Legislative proposals will be published as part of a Draft Bill for pre-legislative scrutiny

  19. What can you be doing to get ready? • Deciding who will be responsible for applying for injunctions/orders • Who will pay? • Good to draw up protocols before you start to use them • Begin to consider the process for Community Trigger

  20. What to we do in the meantime?

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