ASB Legislative Changes Tees Valley Landlord Event

1. ASB Legislative ChangesTees Valley Landlord Event 19th Mar 2015

2. Overview of Community Safety • 4 Neighbourhood Safety Officers – each with geographical area of responsibility • Mixture of prevention, education, diversion & enforcement • 2 Victim Liaison Officers – provides support to victims of ASB • 2 Tenancy Relations Officers; provides free tenancy referencing service, post tenancy visits, assistance with tenancy sign ups and provides advice & support to landlords • CCTV – 177 static cameras, 21 loudspeakers & 5 mobile cameras • 12 Street Wardens (significant reduction of resources) • Management of Metz Bridge Gypsy & Travellers Site • Work closely with partner agencies; i.e. Police, DWP, Fire Brigade, Trading Standards, RSLs, YOS & Probation

3. Introduction to ASB Bill Implemented October 2014 Now known as ASB, Crime & Policing Act 2014 Legislation slimmed down previous 19 powers to 6 Civil Injunction to commence 23/3/15 More speedy & effective remedies Focus on victims & witnesses Act also introduces 2 new measures to tackle ASB; Community Remedy Community Trigger

4. Civil Injunction - To stop or prevent individuals engaging in ASB quickly, nipping problems in the bud before they escalate • Commencement delayed until 23/315 • Replaces ASBO, ASBI, DBO, ISO & Intervention Order • Applicants; Councils, Police, RSLs & Environment Agency • Civil standard of proof (easier to grant) • Heard in County Court. Youth Court for minors (10-17yrs) • No exclusion zone for minors • Maximum 12 month order for U18’s • Can include element of positive requirement i.e. drug/alcohol treatment or mediation • Must consult with YOS for U18’s • Can exclude owner occupiers & private tenants from their property • Breach contempt of Court

5. Criminal Behaviour Order – Issued by any criminal court against a person who has been convicted of an offence to tackle the most persistently anti-social individuals who are also engaged in criminal activity • Replaces CRASBO • Applicants – CPS (or following request from Police or Council) • For ASB individuals also engaged in criminal activity • Breach – criminal offence – power of arrest • Hearsay evidence admissible • Criminal standard of proof (beyond reasonable doubt) • U18’s – 12 months min, 3 years max (must review annually) • Adults – 2 years min – indefinate • Can also include positive requirements i.e. anger management, youth mentoring, job readiness course

6. Community Protection Notice - To stop a person, business or organisation committing ASB which spoils the community’s quality of life • Replaces litter clearing notice, street litter control notice & defacement removal notice • Can deal with a variety of issues i.e. noise, litter, ASB, graffiti • Who can issue – Council, Police Officers, PCSO’s & RSLs (if designated by Council) • Must give written warning first • Doesn’t replace statutory functions i.e. noise abatement notice • Breach is a criminal offence • A fixed penalty notice can be issued of up to £100 • A fine of up to £2,500 or £20,000 for businesses

7. Public Spaces Protection Order - Designed to stop individuals or groups committing ASB in a public place • Replaces DPPO, Gating Orders & Dog Control Orders • Councils issue PSPO after consultation with Police & PCC • Prevents ASB in public place i.e. shopping precinct or park • More than 1 restriction can be added to same PSPO – can deal with wide variety of behaviours • Breach is a criminal offence • E/O’s can issue a fixed penalty notice of up to £100 • A fine of up to £1000 on prosecution • Current orders will continue for 3 years

8. Closure Power - To allow the Police or Council to quickly close premises which are being used, or likely to be used, to commit nuisance or disorder • Replaces closure order, crack house closure, noisy premises closure order & S161 closure (Police power) • Council & Police can apply • Closure notice for up to 48 hours (out of Court warning) – cannot stop owner accessing premises • Closure order for up to 6 months issued via Magistrate Court – can restrict all access • Notice & Order can cover residential (incpsl & o/occ), business, non-business & licensed premises • Breach criminal offence; Notice – up to 3 months in prison Order – up to 6 months in prison Both – up to an unlimited fine

9. Police Dispersal Power - Requires a person committing or likely to commit ASB, crime or disorder to leave an area for up to 48 hours • Replaces dispersal order & S27 Direction to leave • Only Police can apply • To address ASB, crime or disorder in hotspot area • Authorised by Rank of Inspector or above • 48 hours max • Police Officer or designated PSCO can give direction to leave to anyone who is, or appears to be, over 10 years old • Breach is a criminal offence • Failure to comply; up to a £2,500 fine and/or up to 3 months in prison • Failure to hand over items; up to a £500 fine

10. Community Remedy - gives victims a say in the out-of-court punishment of offenders for low-level crime & ASB • Duty on PCC to consult with public • Applicants; Police Officer, PCSO (if designated) or persons authorised by a relevant prosecutor for conditional/youth cautions • Examples of sanctions; reparation, face to face apology, targeted intervention, diversionary activities or ABC Community Trigger – To give victims & communities the right to request a review of their case & bring agencies together to take a joined up, problem-solving approach to find a solution • Fiona Pilkington case • Relevant bodies; Council, Police, CCG & RSLs • Ensures joined up approach/victims supported • Threshold; 3 or more reports regarding same problem in last 6 months or more than 1 individual has made 5 or more reports about the same problem

11. Q&A