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ASB Legislative Changes Tees Valley Landlord Event 19 th Mar 2015.

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Presentation on theme: "ASB Legislative Changes Tees Valley Landlord Event 19 th Mar 2015."— Presentation transcript:

1 ASB Legislative Changes Tees Valley Landlord Event 19 th 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 (inc psl & 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


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