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A NTI - SOCIAL B EHAVIOUR, C RIME AND P OLICING A CT 2014 ***** G ARETH H UGHES B ARRISTER /D IRECTOR Jeffrey Green Russell Limited www.jgrweb.com ASB.

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Presentation on theme: "A NTI - SOCIAL B EHAVIOUR, C RIME AND P OLICING A CT 2014 ***** G ARETH H UGHES B ARRISTER /D IRECTOR Jeffrey Green Russell Limited www.jgrweb.com ASB."— Presentation transcript:

1 A NTI - SOCIAL B EHAVIOUR, C RIME AND P OLICING A CT 2014 ***** G ARETH H UGHES B ARRISTER /D IRECTOR Jeffrey Green Russell Limited ASB Talk by GBH

2 Gareth Hughes ASB Talk by GBH Gareth Hughes on Twitter Linkedin Gareth Hughes

3 Anti-Social Behaviour, Crime and Policing Act 2014 ASB Talk by GBH ASB, Crime & Policing Act 2014

4 Dangerous Dogs ASB Talk by GBH

5 Firearms ASB Talk by GBH

6 Forced Marriage ASB Talk by GBH

7 College of Policing ASB Talk by GBH

8 Extradition ASB Talk by GBH

9 Anti-Social Behaviour, Crime and Policing Act Act also deals with: Easier eviction of tenants Dangerous dogs Firearms Forced marriages Policing – reform of College of Policing and IPCC Extradition Criminal Justice and Court fees Debate in Parliament – dangerous dogs and forced marriages ASB Talk by GBH

10 Anti-Social Behaviour, Crime and Policing Act 2014 Home Office White Paper – May 2012 “More effective responses to anti-social behaviour” ASB Talk by GBH

11 Teresa May ASB Talk by GBH

12 Anti-Social Behaviour, Crime and Policing Act 2014 Home Office White Paper – May 2012 “No one should have to accept graffiti on their walls, public drunkeness on their streets or harassment and intimidation on their own doorstep but for too many … it remains a fact of everyday life.” Theresa May - Home Secretary 2012 ASB Talk by GBH

13 Anti-Social Behaviour, Crime and Policing Act 2014 Home Office White Paper – May 2012 ASB Talk by GBH “Anti-social behaviour still ruins too many lives and still damages too many communities. It is time to start putting victims first and it is a time to put a stop to anti-social behaviour”

14 Anti-Social Behaviour, Crime and Policing Act 2014 Putting victims first – key principle Victims to be at the heart of decision making going forward Problems taken seriously Efficient service and quick response Want the problem stopped and not to happen again 2014 Act seeks simplification 19 processes reduced to 6 ASB Talk by GBH

15 Anti-Social Behaviour, Crime and Policing Act ASBO 2. ASBO on conviction 3. Drink Banning Order 4. Drink Banning Order on conviction 5. Anti-Social Behaviour Injunction 6. Individual Support Order 7. Intervention Order 8. Litter Clearing Notice 9. Street Litter Clearing Notice 10. Graffiti/defacement Removal Notice 11. Designated Public Places Order 12. Gating Order 13. Dog Control Order 14. Premises Closure Order 15. Crack House Closure Order 16. Noisy Premises Closure Order 17. Section 161 Closure Order 18. Section 30 Dispersal Order 19. Section 27 Direction to leave ASB Talk by GBH

16 Anti-Social Behaviour, Crime and Policing Act 2014 Reduced to: 1. Crime Prevention Injunctions 2. Criminal Behaviour Orders 3. Dispersal Powers 4. Community Protection Notices 5. Public Spaces Protection Orders 6. Closure of premises associated with nuisance or disorder All in force from 20 October 2014 ASB Talk by GBH

17 Anti-Social Behaviour, Crime and Policing Act 2014 Two brand new measures: The Community Trigger – giving victims ability to demand action starting with a review of their case where the local threshold is met The Community Remedy – giving victims a say in the out of court punishment of offenders for low- level crime and antisocial behaviour ASB Talk by GBH

18 Anti-Social Behaviour, Crime and Policing Act 2014 The Community Trigger e.g. – three reports of separate incidents of antisocial behaviour in a six month period where there has been an inadequate response to that behaviour Consultation Meeting of all relevant bodies – police, local authority, health agencies etc requirement to inform victims of actions to be taken Police and local authorities to publish information about number of applications under Community Trigger Accountability and transparency Result – any one of six new remedies ASB Talk by GBH

19 Community Trigger Mendip ASB Talk by GBH

20 Community Trigger ASB Community Trigger Victim applies to activate the Community Trigger and supplies details of incidents. Health Premises (including licensed premises, those enclosed or open, residential and business). Repeat incidents of anti-social behaviour reported to agencies. Problem persists because of no or inadequate response from agencies. The victim feels ignored by agencies. Housing provider Police Council ASB team The Community Trigger is activated and a case review is required if the victim has met the local threshold of a number of complaints within an agreed timescale, for example three complaints in six months. In any other situation, the local agencies may take into account the persistence, harm or potential harm caused by the anti- social behaviour or the adequacy of the response from agencies. Collectively the agencies decide whether further action can be taken and produce an action plan. Action plan ASB stops The action plan is discussed with the victim and a resolution to the problem is found. ASB Talk by GBH

21 Anti-Social Behaviour, Crime and Policing Act 2014 Closure Powers: 1. Fast and flexible power 2. Protect victims and communities 3. Quickly closing premises 4. Causing nuisance or disorder ASB Talk by GBH

22 Anti-Social Behaviour, Crime and Policing Act 2014 Closure: a) Closure Notices – Sections (issued by Police and local authorities) b) Closure Order – Sections (issued by Magistrates Court) ASB Talk by GBH

23 Anti-Social Behaviour, Crime and Policing Act 2014 Who can issue a Closure Notice? 24 hours – Police Inspector or local authority officer 48 hours – Police Superintendent or Chief Executive of Council ASB Talk by GBH

24 Anti-Social Behaviour, Crime and Policing Act 2014 Means – “CLOSURE” (Unlike Criminal Justice & Policing Act 2001) ASB Talk by GBH Closure Notice

25 Anti-Social Behaviour, Crime and Policing Act 2014 Grounds for Closure Notice: Use of premises has resulted … or likely soon to result in … nuisance to members of the public or has been disorder or likely soon to be disorder near the premises associated with the use of the premises AND ASB Talk by GBH

26 Binge ASB Talk by GBH

27 Anti-Social Behaviour, Crime and Policing Act 2014 AND Police inspector or local authority officer is satisfied that notice is necessary to prevent the nuisance or disorder from continuing, recurring or occurring ASB Talk by GBH

28 Anti-Social Behaviour, Crime and Policing Act 2014 Effect of the Notice Prohibits access to the premises for periods specified in the Notice (ie 24 hours or 48 hours) ASB Talk by GBH

29 Anti-Social Behaviour, Crime and Policing Act 2014 No prohibition of access to: people who habitually live on the premises or The owner of the premises (residential pub landlords or representatives of brewery company owning pub) ASB Talk by GBH

30 Anti-Social Behaviour, Crime and Policing Act 2014 Requirements of Closure Notice: Identify the premises Explain the effect of the Notice State that failure to comply with the Notice is an offence State that an application will be made for a Closure Order Specify when and where the application will be heard Explain the effect of a Closure Order Provide information about the names and contact details of persons or organisations providing assistance ASB Talk by GBH

31 Anti-Social Behaviour, Crime and Policing Act 2014 Notice may only be issued if reasonable efforts have been made to inform people living on the premises and persons having control or responsibility for the premises that the Notice is going to be issued. Notice only to be issued if Police officer or local authority officer has consulted with other appropriate bodies or individuals. ASB Talk by GBH Consultation:

32 Anti-Social Behaviour, Crime and Policing Act 2014 Consultation Section 91 Guidance ASB Talk by GBH PUTTING VICTIMS FIRST “ In deciding the effect, behaviour and course of action the police and local Council should speak to the victim to obtain their view on how the behaviour is affecting them and what outcome they would like to see”

33 Anti-Social Behaviour, Crime and Policing Act 2014 Premises to which closure or notice may not be issued: Secretary of State to make regulations (none yet as at October 2014) ASB Talk by GBH

34 Anti-Social Behaviour, Crime and Policing Act 2014 Police or local authority officer satisfied that initial conditions no longer apply Cancellation Notice to be issued ASB Talk by GBH Cancellation of Notice

35 Anti-Social Behaviour, Crime and Policing Act 2014 Variation of Notice (removing part of premises initially included in Notice) ASB Talk by GBH

36 Anti-Social Behaviour, Crime and Policing Act 2014 Service of Notices By a Constable or an employee of the local authority Copy of notice to be fixed in a prominent place on premises Notices to be fixed at access points to premises Notices fixed to outbuildings Copy to a person who appears to have control of the premises Copy to those living on the premises and to those having control of the premises ASB Talk by GBH

37 Anti-Social Behaviour, Crime and Policing Act 2014 PUTTING VICTIMS FIRST PRINCIPLE ASB Talk by GBH “Issuing body to undertake to inform victims of the anti-social behaviour of the Closure Notice and to inform them of the details of the Closure Order hearing where possible and appropriate ”

38 Anti-Social Behaviour, Crime and Policing Act 2014 Closure Orders - (Sections 80-93) Application to Magistrates Court triggered by issue of a Closure Notice Application must be made Application to be made by a Constable or employee of local authority ASB Talk by GBH

39 Anti-Social Behaviour, Crime and Policing Act 2014 Hearing Magistrates Court are to hear the application no later than 48 hours after service of the Closure Notice Timeframes accordingly very tight ASB Talk by GBH

40 Anti-Social Behaviour, Crime and Policing Act 2014 Grounds for Closure Order Person has engaged or are likely to engage in disorderly offensive or criminal behaviour on the premises Use of the premises has resulted or likely to result in serious nuisance to members of the public Has been or likely to be disorder near those premises associated with the use of those premises AND ASB Talk by GBH

41 Anti-Social Behaviour, Crime and Policing Act 2014 AND Order necessary to prevent behaviour, nuisance or disorder from continuing, recurring or occurring ASB Talk by GBH

42 Anti-Social Behaviour, Crime and Policing Act months maximum ASB Talk by GBH Duration

43 Anti-Social Behaviour, Crime and Policing Act 2014 Can prohibit access to all persons (even those who live at the premises and the owner of the premises (residential pub landlords or those representing a brewery company owning the pub). ASB Talk by GBH Effect of Notice

44 Anti-Social Behaviour, Crime and Policing Act 2014 Magistrates Court to notify relevant licensing authority if a Closure Order is made in respect of licensed premises – Section 80(9). As before this triggers the requirement for licensing authority to hold a review under s.167, LA03 ASB Talk by GBH Requirement

45 Anti-Social Behaviour, Crime and Policing Act 2014 Temporary Orders Where no Closure Order made Can order that Closure Notice remain in force for up to 48 hours Continuation necessary to prevent nuisance or disorder from continuing, recurring or occurring ASB Talk by GBH

46 Anti-Social Behaviour, Crime and Policing Act 2014 Indicates that it is not necessary to include information about those consulted within an Order so as to protect them from retribution. Records of those consulted should be kept. ASB Talk by GBH Guidance

47 Anti-Social Behaviour, Crime and Policing Act 2014 Extension of Closure Orders On application by Police or a local authority officer reasons for initial Order still remain Consultation between Police and local authority officers ASB Talk by GBH

48 Anti-Social Behaviour, Crime and Policing Act 2014 Justices if so satisfied may extend for up to three further months Order may not last for more than six months in total ASB Talk by GBH Extension

49 Anti-Social Behaviour, Crime and Policing Act 2014 Discharge of Closure Orders Application by a Constable, local authority officer, persons served with Closure Notice and anyone having an interest in the premises Justices satisfied that original reasons for making Order cease to exist and Order no longer necessary ASB Talk by GBH

50 Anti-Social Behaviour, Crime and Policing Act 2014 Crown Court Recipient of Notice, Constable or local authority ASB Talk by GBH Appeals

51 Anti-Social Behaviour, Crime and Policing Act 2014 Powers given to Police and local authority officers to enter premises and do anything necessary to secure premises against entry ASB Talk by GBH Enforcement

52 ASB Talk by GBH Offences Remaining or entering premises in contravention of a Closure Notice (imprisonment up to 3 months or fine or both) Person without reasonable excuse remaining or entering premises in contravention of a Closure Order (imprisonment for a period not exceeding 51 weeks or fine or both) Anti-Social Behaviour, Crime and Policing Act 2014

53 ASB Talk by GBH n Person without reasonable excuse obstructs a person carrying out duties under the Act – serving notices, putting up notices etc (imprisonment up to 3 months or fine or both) Anti-Social Behaviour, Crime and Policing Act 2014

54 Anti-Social Behaviour, Crime and Policing Act 2014 – other related issues Drink Banning Orders (Violent Crime and Reduction Act 2006 s.1-14 repealed) Replaced with new “Community Protection Notice” ASB Talk by GBH

55 Closure Powers Nuisance – occurred or likely to occur Disorder – occurred or likely to occur Premises (including licensed premises, those enclosed or open, residential and business). Notice issued – premises closed for up to 48 hours Approval: 24 hours – inspector or council. 48 hours – superintendent or designate of council CEO. Magistrates Court Within 48 hrs, notice goes to magistrates’ court if a closure order of up to three months is required. Serious nuisance to members of the public Disorderly, offensive or criminal behaviour Above behaviour on or through use of premises likely to occur without closure order. Magistrates Court Magistrates’ court can extend closure order for a further three months – not to exceed six months in total. Breach, if proven, is a criminal offence Breach of a closure notice or order is a criminal offence, punishable by up to six months imprisonment or a unlimited fine. ASB Talk by GBH

56 Anti-Social Behaviour, Crime and Policing Act 2014 – other related issues Designated Public Places Order (CJPA 2001 s Repealed) Replaced with Public Spaces Protection Orders – Sections ASB Talk by GBH

57 Public Places Protection Order Park Alleyway Communal area Council put restrictions on an area where behaviour has, or is likely to have a detrimental effect on the local community. Behaviou r occurs Individual breaches conditions of an Order (eg. by walking a dog, playing music). Alcohol Dogs Noise Police officer, PCSO or council officer witnesses behaviour. Behaviour challenged Individual asked to leave the area, handover alcohol, put dog on leash. Comply FPN Court If the individual does not comply, they commit an offence. Formal sanction Possible sanctions include: a fixed penalty notice; up to a level 3 fine (on conviction); (or up to a level 2 fine for breach of an alcohol prohibition). ASB Talk by GBH

58 Anti-Social Behaviour, Crime and Policing Act 2014 – other related issues Dispersal Powers (Anti-social Behaviour Act 2003 Part 4: Dispersal of Groups – Repealed) Replaced by Directions Orders (Sections 34-42) ASB Talk by GBH

59 Dispersal Powers Authorisation to use dispersal power There is likely to be ASB, crime or disorder in an area and it may be necessary to use the dispersal power. An inspector authorises officers to use the dispersal power for a period of up to 48 hours. Causing harassment, alarm and distress to members of the public Likely to cause disorder or commit crime Someone’s behaviour is causing or likely to cause harassment, alarm or distress, or crime or disorder in the public place specified in the authorisation. Police officer in uniform Police Community Support Officer Uniformed police officer or Police Community Support Officer issues a direction to leave the area for up to 48 hours. Direction to leave The direction is given in writing, or if necessary verbally. The police officer or Police Community Support Officer can confiscate any item. A person under 16 can be taken home or to a place of safety. A direction cannot be given to someone under 10 years old. LEVEL 2 FINE LEVEL 4 FINE Not complying with the direction is an offence:  three months' imprisonment  up to  a level 4 fine (on conviction). Not handing over items is an offence:  up to a level 2 fine (on conviction). ASB Talk by GBH


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