ASB Guidance v8 July2014 final 2 2ASB Guidance v8 July2014 final 2 2, POLICJA, PDFs
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//-->Anti-social Behaviour, Crime andPolicing Act 2014:Reform of anti-social behaviour powersStatutory guidance for frontline professionalsJuly 2014ContentsIntroduction ................................................................................................................................. 1Part 1: Putting victims first ......................................................................................................... 21.1 Community Trigger ................................................................................................................. 31.2 Community Remedy ..............................................................................................................11Part 2: More effective powers ...................................................................................................162.1 Early and informal interventions ............................................................................................172.2 Civil injunction ...................................................................................................................... 202.3 Criminal behaviour order .......................................................................................................272.4 Dispersal power.................................................................................................................... 322.5 Community protection notice ............................................................................................... 382.6 Public spaces protection order ............................................................................................ 462.7 Closure power ...................................................................................................................... 532.8 New absolute ground for possession .................................................................................. 58IntroductionAnti-social behaviour is a broad term used to describe the day-to-day incidents of crime,nuisance and disorder that make many people’s lives a misery – from litter and vandalism, topublic drunkenness or aggressive dogs, to noisy or abusive neighbours. Such a wide range ofbehaviours means that responsibility for dealing with anti-social behaviour is shared between anumber of agencies, particularly the police, councils and social landlords.Victims can feel helpless, bounced from one agency to another and then back again. In manycases, the behaviour is targeted against the most vulnerable in our society and even what isperceived as ‘low level’ anti-social behaviour, when targeted and persistent, can have devastatingeffects on a victim’s life.Our reforms are designed to put victims at the heart of the response to anti-social behaviour, andgive professionals the flexibility they need to deal with any given situation.This is statutory guidance issued under sections 19, 32, 41, 56, 73 and 91 of the Anti-socialBehaviour, Crime and Policing Act 2014 and replaces the draft guidance issued in October 2013.This guidance is written primarily for the police officers, council staff and social landlords whowill use the new powers. Part 1 looks at the new measures being introduced to give victims agreater say in the way their reports of anti-social behaviour are dealt with. Part 2 then outlinesthe new powers. We have worked closely with frontline professionals, victims and others in thedevelopment of the legislation, and we will continue to work to ensure that this guidance helpsprofessionals make best use of the new powers to protect the public.In addition to this guidance, the Government has produced specific advice on how the new anti-social behaviour powers can be used to deal with irresponsible dog ownership. That documenthas been produced in conjunction with the Welsh Assembly Government and is available athttps://www.gov.uk/government/publications/tackling-irresponsible-dog-ownership-draft-practitioners-manualReform of anti-social behaviour powersStatutory guidance for frontline professionals1Part 1: Putting victims firstThis Government has set out a new approach to crime, policing and community safety, basedon a fundamental shift from bureaucratic to democratic accountability through directly electedPolice and Crime Commissioners, increased transparency, and increasing professional discretion.This new approach includes overhauling the whole system of dealing with anti-social behaviour toensure agencies are putting the needs of victims first.This marks a decisive shift from the target-driven, top-down, directive approach of the past. Itmakes no sense for officials in Whitehall to decide local anti-social behaviour priorities, say howagencies should respond to specific issues, or set crude targets that can result in perverseworking practices and outcomes.Over the past few years, the police, councils and others have started to adopt a range ofeffective mechanisms that improve the response they provide to victims. From Multi-Agency RiskAssessment Conferences to taking on board the lessons identified in the anti-social behaviourcall handling trials, victims have now become the focus of the response in many areas. This hasresulted in an end-to-end risk assessment process, ensuring that vulnerable victims are bettersupported in cases of anti-social behaviour.In terms of the behaviour itself, what is seen as ‘anti-social’ will vary from victim to victim,and community to community. This is one reason why we changed the way in which incidentsof anti-social behaviour are reported, no longer focusing on the behaviour, but on the impact it hason the victim.The right response will depend on a range of factors, but most importantly, on the needs of thevictim and the impact the behaviour is having on their lives. Solutions need to be jointly developedby local agencies, each bringing their own experience and expertise to work together withcommunities and victims. Frontline professionals must be free to use their judgment rather thanfollowing a prescribed ‘one size fits all’ approach.Giving victims a sayThe Anti-social Behaviour, Crime and Policing Act 2014 includes two new measures which aredesigned to give victims and communities a say in the way anti-social behaviour is dealt with:•TheCommunity Trigger,gives victims the ability to demand action, starting with a review oftheir case, where the locally defined threshold is met.•TheCommunity Remedy,gives victims a say in the out-of-court punishment of perpetrators forlow-level crime and anti-social behaviour.These measures are covered in more detail in this section of the guidance.2Reform of anti-social behaviour powersStatutory guidance for frontline professionals1.1 Community TriggerPurposeRelevant bodies andresponsible authoritiesGives victims and communities the right to request a review of their case and bringagencies together to take a joined up, problem-solving approach to find a solution.•Councils;•Police;•Clinical Commissioning Groups in England and Local Health Boards in Wales;•Registered providers of social housing who are co-opted into this group.ThresholdTo be defined by the local agencies but not more than:•three complaints in the previous six month period.May also take account of:•the persistence of the anti-social behaviour;•the harm or potential harm caused by the anti-social behaviour;•the adequacy of response to the anti-social behaviour.Details•When a request to use the Community Trigger is received, agencies must decidewhether the threshold has been met and communicate this to the victim;•If the threshold is met, a case review will be undertaken by the partner agencies.Agencies will share information related to the case, review what action haspreviously been taken and decide whether additional actions are possible. Thelocal Community Trigger procedure should clearly state the timescales in which thereview will be undertaken;•The review encourages a problem-solving approach aimed at dealing with some ofthe most persistent, complex cases of anti-social behaviour;•The victim is informed of the outcome of the review. Where further actions arenecessary an action plan will be discussed with the victim, including timescales.Who can use theCommunity Trigger?•A victim of anti-social behaviour or another person acting on behalf of the victimsuch as a carer or family member, Member of Parliament or councillor.•The victim can be an individual, a business or a community group.Reform of anti-social behaviour powersStatutory guidance for frontline professionals3 [ Pobierz całość w formacie PDF ] |
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