The Anti-Social Behaviour, Crime and Policing Act 2014, has streamlined the powers for the police, local authorities, NHS and social landlords to deal with anti-social behaviour.
The new act places many existing powers into distinct sections. These are:
Civil Injunction
This in an injunction to prevent anti social behaviour that causes nuisance or annoyance and the injunction can be issued on the balance of probabilities and can be used to prevent someone from doing something or to cause them to do something. This is likely to be used for the more serious cases where the respondent has engaged in or threatens to engage in:
- Conduct that has or is likely to cause harassment, alarm or distress (non-housing related anti-social behaviour); or
- Conduct capable of causing nuisance or annoyance (housing related anti-social behaviour); and
- It is just an convenient to grant the injunction to prevent anti-social behaviour
Criminal Behaviour Order (CBO)
This is issued by any criminal court against a person who has been convicted of an offence and used to tackle the most persistently anti-social individuals who are engaged in criminal activity. The Order will include prohibitions to stop the anti-social behaviour but can also include positive requirements to get the offender to address the underlying causes of their behaviour.
Dispersal Power
This is a flexible power which the Police can use in a range of situations to disperse anti-social individuals and provide immediate short-term respite to a local community. The power is preventative as it allows an officer to deal instantly with someone’s behaviour and nip the problem in the bud before it escalates.
The Dispersal Power requires a person committing or likely to commit anti-social behaviour, crime or disorder to leave an area for up to 48 hours where:
- The person is contributing, or likely to contribute to members of the public in the locality being harassed, alarmed or distressed (or the occurrence of crime and disorder); and
- The direction is necessary to remove or reduce the likelihood of the anti-social behaviour, crime and disorder.
Community Protection Notice
Designed to stop a person aged 16 or over, business or organisation committing anti-social behaviour which spoils the community's quality of life.
The anti-social 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
Public Spaces Protection Order
The public spaces protection order is designed to stop individuals or groups from committing anti-social behaviour in a public space. Councils can issue a Public Spaces Protection Order (PSPO) after consultation with the Police, the Police and Crime Commissioner, the owner or occupier of the land in the restricted area and any other appropriate community representatives.
The 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
Closure Power
Closure powers allow the Police or Council to close premises quickly which are being used, or likely to be used, to commit nuisance or disorder where the following has occurred, or is likely to occur, if the closure power is not used:
(a) Closure Notice (up to 48 hours)
- Nuisance to the public; or
- Disorder near premises.
(b) Closure Power (up to six months)
- Disorderly, offensive or criminal behaviour on the premises;
- Serious nuisance to the public, or
- Disorder near the premises.
Early Intervention
Early intervention, especially through informal approaches, can be successful in stopping the anti-social behaviour committed by the majority of perpetrators.
Early and informal interventions can reinforce the message that anti-social behaviour will not be tolerated. In many cases, awareness of the impact of their behaviour on victims, and the threat of more formal enforcement tools, can be a sufficient incentive for an individual to change their behaviour
Informal interventions should be considered first in most cases, particularly when dealing with young people, as they can stop bad behaviour before it escalates. This should be determined by professionals on a case by case basis.
Case Review (formerly known as the Community Trigger)
Introduced to give victims and communities the right to request a review of their case where a local threshold has been met, and to bring agencies together to take a joined up, problem solving approach to find a solution for the victim where anti-social behaviour that have been reported on at least three separate occasions within a six-month period and where they consider that no action has been taken.
In order to activate the Case Review, please contact Staffordshire Police on 101 and they will log your call and ensure that the process is started.
You will be asked for your;
- Name date of birth and Address
- Time date and day of offences
- Frequency of the incidents
- Number of times reported and any incident numbers
- Names of any agency that has visited
- Name and address of alleged perpetrator
- Name of person and organisation reported to
- Action taken
- Why you consider that no action has been taken
Once the request has been processed a multi-agency panel will decide if the request fits the criteria and if so will review the case and make any recommendations that are necessary. At the conclusion of the process you will be advised of the outcome.
You can also contact us on 01283 508506 and we can pass on the request to Staffordshire Police.