Community Based Measures for Tackling ASB Flashcards
Working with local vs immediate arrest
Police can work with local council to find long term sustainable solutions in areas where ASB is a regular problem.
However, police can deal with an individuals behaviour straightaway and provide immediate short-term respite to a local community.
What are dispersal orders?
A dispersal order allows a police officer in uniform or a designated PCSO to direct any person committing or likely to commit ASB, crime or disorder to leave an area for up to 48 hours.
The officer can require the person to hand over any items
Who can dispersal orders be given to?
Any person over the age of 10 (or who appears to be over 10).
The ASB must be contributing (or be likely to contribute) to causing harassment, alarm, or distress to members of the public in the local area or to the occurrence of crime and disorder.
The direction to leave must be necessary to remove or reduce likelihood of behaviour.
What rank must authorise dispersal orders?
Inspector and in writing unless it is impracticable, and should specify the time period for which it applies.
It can also determine the route and the time recipients should leave by.
What is the penalty for breaching dispersal orders?
Up to three months in prison (adults) and/or fine.
If a young person under 16 receives dispersal orders, what can happen?
They are allowed to be taken home (unless there are reasonable grounds to assume they will suffer signifiant harm there) or to a place of safety.
If he/she is unwilling to go voluntarily, the word ‘remove’ has been held to mean ‘take away’ using reasonable force if necessary.
What are Community Protection Notices (CPN)
Designed to address ASB caused by an individual over 16, or by businesses and other organisations.
The ASB needs to be having a detrimental effect on the quality of life of people in the locality, and to be unreasonable and persistent.
A written warning must first be given, stating the problem behaviour, requesting it to stop, and stating the consequences of continuing.
Who can issue Community Protection Notices (CPN)?
Council officers, police officers, PCSOs, and social landlords.
Breaching Community Protection Notices (CPN) consequences?
Criminal offence and the penalties can include a fixed penalty notice up to £100, or on summary conviction a fine for contempt of court.
What are Public Spaces Protection Orders (PSPO)?
Issued by a council and designed to manage a specific problem which is caused by individuals or groups in a particular public place, and is injurious to the local community.
The ASB needs to be having a detrimental effect on the quality of life of people in the locality, and to be unreasonable and persistent.
The restrictions imposed by the PSPO must be proportionate and justified.
Public Spaces Protection Orders (PSPO) breaches
It is an offence which reasonable excuse to fail to comply with a PSBO apart from in relation to alcohol.
A PSBO prohibiting alcohol is only breached when a person is challenged and fails to stop drinking or surrender it.
Breaches are a summary offence and the penalty is a fine. A fixed penalty notice can also be used.
What are closed notices and orders?
Used to close premises (licences, enclosed or open, residential, and business) that are causing nuisance or disorder.
Court must be satisfied the notice or order is necessary to prevent nuisance or disorder from occurring, continuing or recurring.
Applies for 24 hours.
An application for a closure order must be made by whom?
Council or police officer (of at least rank inspector) must be satisfied on reasonable grounds that the use of the premises has resulted in nuisance to members of the public.
The notice can be extended by up to 24 hours by a council CEO or a police superintendent.
The application must be heard by the magistrates’ court not later than 48 hours after service of the closure notice.
What is penalty for enter premises where there has been closed notices and orders?
Criminal offence- unlimited fine or imprisonment of up to 3 months.
The court may make a closure order if it is satisfied—
(a) that a person has engaged, or (if the order is not made) is likely to engage, in disorderly, offensive or criminal behaviour on the premises, or
(b) that the use of the premises has resulted, or (if the order is not made) is likely to result, in serious nuisance to members of the public, or
(c) that there has been, or (if the order is not made) is likely to be, disorder near those premises associated with the use of those premises,
