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ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014. Awareness Session September 2014. Baroness Newlove. Victims’ and Witnesses’ Commissioner. Welcome…. Who we are…. Who you are… Who is Vera Tip……. Vera Tip. If you have a: Victim , you need to Engage with them to
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ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014 Awareness Session September 2014
Baroness Newlove Victims’ and Witnesses’ Commissioner
Welcome… • Who we are…. • Who you are… • Who is Vera Tip……
Vera Tip If you have a: • Victim, you need to • Engagewith them to • Reviewthe case and then • Act on the information But remember, it is always best when you do it: • Together • In • Partnership
Why change? • Around three million incidents of ASB reported every year • 30,910 recorded incidents (NYP) in 2013 • Not enough flexibility to deal with ASB quickly and effectively • More of a focus on the: IMPACT ASB HAS ON VICTIMS especially repeat or vulnerable victims • Coalition agreement - May 10 • Enactment - 13 March 2014 • Commencement – 20 October 2014
What do we lose? ASBO on Application (Standalone) ASBO on Conviction Drinking Banning Order on Application Drinking Banning Order on Conviction Anti-Social Behaviour Injunction Individual Support Order Intervention Order Litter Clearing Notice Graffiti/ Defacement Removal Notice Street Litter Clearing Notice Designated Public Place Order Gating Order Dog Control Order ASB Premises Closure Order Crack House Closure Order Noisy Premises Closure Order Section 161 Closure Order Section 30 Dispersal Order Section 27 Dispersal Order
What do we gain? Powers to tackle anti social behaviour • Civil Injunction • Criminal Behaviour Order • Dispersal Power • Community Protection Notice • Public Space Protection Order • Closure Power Tools to improve accountability • Community Remedy • Community Trigger
Early /Informal Interventions Good collective problem solving the most effective solution to ASB Warnings [verbal/ written] Mediation / Anger Management ABCs / Good Promises Agreement Troubled Families programme Support and Counselling Local Projects How else is ASB tackled? Working together
Civil Injunction • Purpose • Who can apply • Test • Where • Consultation requirements • Prohibitions / Requirements • Power of Arrest • Breach • Scenarios
Criminal Behaviour Order Purpose Who can apply Test Where Consultation requirements Prohibitions / Requirements Breach Scenarios
Dispersal Power • Purpose • Used by / Authorised by • Test • Affected area • Consultation requirements • Restrictions • Property Surrender • Breach • Scenarios
Community Protection Notice • Purpose • Used by • Test • Process • Owner / Occupier • Statutory Nuisance • Enforcement • Failure to comply • Scenarios
Public Spaces Protection Order • Purpose • Issued by • Test • Affected area & length • Consultation requirements • Publicity • Enforcement • Breach • Scenarios
Closure Power • Purpose • Used by • Test • Process • Notice • Order • Other issues? • Breach • Scenarios
Tim Madgwick Deputy Chief Constable North Yorkshire Police
ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT 2014 Awareness Session September 2014
Julia Mulligan Police and Crime Commissioner for North Yorkshire
Community Remedy Purpose Test Document Consultation Process Actions on the Remedy Breach
Community Trigger Purpose Used by Test Additional elements Case Review panel Outcomes/ Recommendations Appeals
Local perspective So what will you do ?
Countywide principles Environment Agency British Transport Police Voluntary sector Crown court Clinical Commissioning Groups Hospital Foundation Trusts NY Fire and Rescue Service Probation Service Community Rehabilitation Company VICTIMS NY Community Safety Partnership Police and Crime Commissioner NY Police NYCC/CoY Youth Justice Service Crown Prosecution Service Magistrates court County court Housing providers NHS Protect LCJB Ambulance services
CountywideProcesses • Trigger application pack • Case studies • Training • Guide • Website • Vera Tip Templates Process check charts Consultation templates Warning letters Notification templates Authorisation templates Posters & Leaflets Good practice
Information Sharing – completing the jigsaw “Insufficient consideration by lead agencies regarding the use of legislation and statutory powers to support intervention with the young person and provide protection then.” “Worked hard within their own sphere, little evidence of co-ordinated action” “Teenagers with long standing and complex problems often receive a wide range of different services from different organisations. This can mean that there is no overall picture of the young person’s situation.” “Concluded that there was little evidence that agencies worked collaboratively in an organised fashion.”
“We recognise and accept that better sharing of information would have led to more concerted action to protect the family.” “No single agency had a full picture of what was happening in Gemma’s life: there were a number of missed opportunities for initiating safeguarding procedures, assessments or other interventions and for agencies to share information.” “There was generally a lack of communication and information sharing between professionals.” “There was an inadequate response to the volatile and violent behaviour of the perpetrator with an over reliance on GP treatment and self referral for anger management.” Section 115 Crime and Disorder Act provides a legal basis for sharing information between partner agencies where it is necessary for fulfilling the duties contained in the Act. Default position should be that relevant information will be shared with the relevant people New Information Sharing Agreement drafted and out to consultation
Local Considerations What are the problem solving processes in the area? Who has delegated power to deal with ASB? Which legal services will you use? Have you got a case recording/management system? What will you do with complaints about non statutory noise nuisance? How will enforcement work be done? Will your MAPS/Hub be the driving force for interventions? Will you have to improve support for the victim? Data sharing is essential, are you prepared?
Issues with Community Trigger? What existing orders are in place? What existing powers do you need to review? Do you have a list of “positive requirements”? Do you use warning letters and joint visits? Do you have a list of diversionary activities? Have you got a system to assess the risk to victims? Have you got good relations with partner colleagues? Have you got the right jigsaw pieces for your area? Do you know safeguarding procedures?
What are the opportunities? • What are the risks? • Local delivery with countywide support • Early interventions give a better chance of success • Quality problem solving at the heart of tackling ASB • Understanding the needs of the victim and incorporating them into the solution • Sharing information is critical along with having confidence in partner agencies • Understanding what and who works in your area
What Now? Formal guidance to be considered in each area and interpretation agreed and understood Paperwork and processes shared Local procedures and clarity must be developed It’s down to you to sort your jigsaw! Reports prepared to ensure all elements of the legislation can be enacted locally Countywide group in place to support local delivery What information do you want?
Countywide support Guide document www.nyyasbpowers.tools Templates VERATIP Victim Engage Review Act • Together • In • Partnership
You have the inner pieces and need to work together to complete the picture!!
Tim Madgwick Deputy Chief Constable Julia Mulligan Police and Crime Commissioner
Have a safe journey Build the jigsaw! gina.allen@richmondshire.gcsx.gov.uk