The Anti-Social Behaviour, Crime and Policing Act 2014 replaced lots of powers previously used for dealing with people and places where anti-social behaviour caused residents and the community on-going problems which had a detrimental effect on the quality of their lives.
The Act is probably not used as widely as it could be, nor by as many organisations who could use it, where local authorities and housing associations can do so as well as the police.
This Act can help deal with a range of problems from someone causing anti-social behaviour through drinking, helping to prevent repeat offending at certain places, or closing a property or premises, in the case of a business, for a set period.
Offences such as public order, or repeated theft are regarded as quite low level when dealt with by the courts, therefore the sentencing is not all that effective in dealing with the problem.
Theft of alcohol from shops may not seem all that important compared to other offences, but if the stolen goods are taken to a property where people get drunk, leading to assaults or anti-social behaviour, then the impact can be quite significant to nearby residents.
Under this 2014 Act, people who regularly steal or are anti-social can be served a Criminal Protection Notice (CPN) in the first instance. These are served on the person following reports from the community who are on the receiving end of the problems, and they will specify what they must refrain from doing and by when.
For those readers who live in the Aldershot area, you may be familiar with the street drinkers and some who loiter outside shops begging people for money, cigarettes or alcohol – a CPN can be served on these people by either the police or local authority, which will inform them that they must stop the behaviour and by when.
In cases where people continue to behave in the same way, then a Criminal Behaviour Order (CBO) can be issued on them, which are applied for through the magistrate`s court.
A CBO is quite a powerful tool in dealing with anti-social behaviour or criminal activity, because it is a court order which will carry a power of arrest, therefore people in breach of the Order can be sentenced to a period in prison.
To obtain a CBO, it has to be demonstrated to the court that the police, local authority or housing provider has done everything possible to support the person concerned – for example, for people with a drug or alcohol dependency, it must be shown to the court that the person has been offered help and provided with the details of a local service provider to give them help and that they have failed to engage with this support.
The Act will cover persistent offenders too, therefore if someone steals from certain shops in an area, it is likely that they are doing so because they have found it easy because the staff are not able to deal with the problem, or the thief has threatened them with violence.
A CPN can be used in these cases too, which will instruct the person not to go into named shops. If they breach the CPN, then a CBO can be applied for, which has effective sentencing powers.
Low value theft which causes a high level community problem cannot be dealt with effectively by the courts because the sentencing guidelines used are not all that robust, which until recently meant that offenders would continue, knowing that any court appearance would not result in a too severe penalty. However, if the person has a CBO and steals again, then as well as dealing with the theft, a separate offence of breaching a CBO is also used and it is the latter which the courts will sentence for, where the penalties are much greater, having a greater deterrent.
It is not only people which the Act applies to. It also deals with poorly run premises, where CPN`s can be served on the body which runs them.
The police, local authority or housing providers will need to take witness statements from people who are affected by the problem, so that the court will see evidence of the impact caused by a person or body.
Because this is civil law, then witnesses can be anonymous or their evidence given by a third party, if they are too afraid to make statements, fearing repercussions.
The third party can be the police, local authority or housing groups, who can provide a community impact statement themselves, which can convey to the court the problems described by residents or users of a town centre, for example.
For best evidence, it is always hoped that people will provide evidence themselves, but where it is given anonymously or by a third party, it can still be quite impactive, provided that the person giving evidence in the third party, can explain that they have spoken to a witness and describe their fears, which is quite powerful too.
During this time of year, where people are enjoying long evenings and god weather, the reports of anti-social behaviour increase, so where it is applicable, then the focus should be on using the powers under the Anti-Social Behaviour, Crime and Policing Act 2014 which provide the best opportunity for preventing re-offending and maintaining the quality of people`s lives.