ANTI-SOCIAL BEHAVIOUR, CRIME

AND POLICING ACT 2014

Awareness SessionSeptember 2014

Victims’ and Witnesses’ Commissioner

Baroness Newlove

Welcome…

• Who we are….

• Who you are…

• Who is Vera Tip……

Vera TipIf you have a:• Victim, you need to • Engage with them to• Review the 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

• 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 lose?

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 ConstableNorth Yorkshire Police

ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING ACT

2014

Awareness SessionSeptember 2014

Julia Mulligan

Police and Crime Commissioner for North

Yorkshire

• Purpose• Test• Document• Consultation• Process• Actions on the Remedy• Breach

Community Remedy

• Purpose• Used by • Test• Additional elements• Case Review panel• Outcomes/ Recommendations• Appeals

Community Trigger

Local perspective

So what will you do ?

• 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

• 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

Countywide principles

VICTIMS

• Templates• Process check charts• Consultation

templates• Warning letters• Notification templates• Authorisation

templates• Posters & Leaflets• Good practice

• Trigger application pack• Case studies• Training

• Guide• Website• Vera Tip

Countywide Processes

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?

Guide document

www.nyyasbpowers.tools

Templates

VERA TIP• Victim• Engage• Review• Act

Countywide support

• Together• In• Partnership

You have the inner pieces and need to work together to complete the picture!!

Don’t Panic!

Tim MadgwickDeputy Chief

Constable

Julia MulliganPolice and Crime

Commissioner

Have a safe journey

Build the jigsaw!

gina.allen@richmondshire.gcsx.gov.uk