Formal Interventions
Formal interventions are viewed as a last resort.
It is not the Council's wish to criminalise activity, but we will take action where it is viewed as the only way to prevent an undue impact on the wider community.
Civil Injunctions
Designed to stop anti-social behaviour escalating by preventing individuals from engaging in behaviour that is viewed as unacceptable. A civil injunction is issued by a court on application made by the Police, Local Authorities, Social Landlords etc.
An injunction can be used to both prevent a person from doing something or positively to require them to start taking action to prevent the under-lying cause of their anti-social behaviour.
Positive requirements could include requiring the person to engage with drug or alcohol support services, to attend dog training classes provided by animal welfare charities, or requirement to attend mediation sessions (although this must first be agreed with the other party).
Prohibition of behaviour will only be sought as long as; it does not interfere with a person's ability to work or be educated, and it does not conflict with any other court order the person may have.
The behaviour seeking to be addressed must be causing alarm or distress if nonhousing related or nuisance and annoyance if housing related. If the order is breached it is punishable by up to 2 years in prison for over 18's or imposition of curfews or detention for those under 18.
Where officers feel that a civil injunction should be sought a case will be prepared and presented to the community of practice lead for environmental health and a senior specialist from the Legal team. They will review the merits of the case and give authority to proceed.
Should an injunction be granted then the decision on whether to publicise the case will be made in consultation with our partners and the victims. We will take into account the need to show that action has been taken to address ASB, and to aid in the enforcement of the injunction, whilst ensuring that publication would not materially harm the person's right to privacy.
Criminal Behaviour Orders
A criminal behaviour order is similar to an injunction but can be issued to a person on conviction of any offence. An order will be requested by the prosecutor (usually the CPS), and is used to tackle the most serious and persistent cases of anti-social behaviour.
Similar to an injunction both negative (prohibitions) and positive (requirements) actions can be required of a person subject to an order. The breach of a criminal behaviour order does however have stronger penalties for breach including up to 5 years in custody.
Due to the nature of the order being post prosecution we will be reliant upon the prosecutor agreeing to request an order being made. However similar to an injunction officers will be required to discuss the request with the community of practice lead for environmental health and a senior specialist for legal who will help draft the order.
Dispersal Powers
The Council is not authorised to use a dispersal power at this time.
A dispersal power is used by a constable of the Police to require a person the suspect of committing or likely to commit ASB to leave an area and not return for up to 48 hours, as approved by an authorising officer.
Officers in consultation with the Police may request an officer to use such a power where it is felt appropriate to prevent an urgent ASB issue. These powers have been used by the Police to control aggressive begging rather than use the Vagrancy Act 1824.
Community Protection Notices (CPN)
A Notice is a formal document that states what behaviour a person or organisation must stop doing to prevent a recurrence of the unreasonable impact on the community, it can also require certain things to be done to prevent ASB. A notice can be served on any individual over the age of 16 or a business. Prior to the issue of such a notice the perpetrator must be warned about their behaviour, this is usually by way of visit and letter (Stage 2 of the escalation process).
The breach of the notice is punishable in many ways including; by bringing a prosecution against the offender, seeking a warrant to seize items used in breaching the CPN, A fixed penalty notice being issued, or by carrying out remedial works at cost to the person responsible.
In the first instance normally a breach of a community protection notice will be dealt with by the issuing of a fixed penalty notice (FPN). The penalty notice shall be set at £100.
In determining whether to serve a community protection notice an internal case review will be undertaken with a senior specialist or community of practice lead of environmental health.
Public Spaces Protection Orders (PSPO)
A Public Spaces Protection Order (PSPO) allows the local authority (LA) to respond to concerns of anti-social behaviour in a specific area. This can be done by stopping certain activity and/or restricting other activities which are causing concern.
Two conditions must be met for a PSPO to be made:
- Behaviour must be causing, or likely to cause, a damaging effect on the quality of life to those in the area
- Behaviour must be, or likely to be, persistent or continuing in its unreasonable nature
The Anti-social Behaviour, Crime and Policing Act 2014 gives power to South Hams District Council and West Devon Borough Council to create a PSPO, but only once we have carried out appropriate consultation.
It must be remembered that when considering the appropriateness of the requirements of an order, that by preventing ASB in one location it may just move it to another location. Therefore officers will be minded whether this approach is better than other options.
Failure to comply with the requirements of a PSPO could lead to the Council seeking a prosecution where a fine of up to Level 3 on the standard scale). A fixed penalty notice may also be issued with the fine being £100.
When seeking a new order officers will normally initially seek the views of the ward member/s and parish/town council. For some orders it may then be necessary to carry out a public consultation which is appropriately advertised with a draft order.
Once the necessary views and evidence has been gathered, a report will be produced detailing the draft order and feedback, this report will then be brought through the committee processes of the Council before being presented at Full Council for approval.
If approved the order will then be deemed made, and suitable and sufficient notices will be put up to advertise the order.