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This protocol is included in the Mending Fences website, with agreement of the agencies concerned, as an example of good practice. This is the version last amended in July 2005.

TACKLING ANTI-SOCIAL BEHAVIOUR ACROSS BUCKS

ACRIME & DISORDER REDUCTION

PARTNERSHIP APPROACH

TACKLING ANTI-SOCIAL BEHAVIOUR ACROSS BUCKSCRIME & DISORDER REDUCTION PARTNERSHIP APPROACH

SECTION 1

1.1 Introduction Page 41.2 Working Guideline Page 41.3 Key Objectives Page 41.4 Involvement and Representation Page 5

1.4.1Strategy Group Page 51.4.2Operational Groups Page 5

SECTION 2

2.1 Initial Report Page 52.2 Initial Response Page 6

SECTION 3

3.1 Acceptable Behaviour Contracts Page 63.1.1Breach of an Acceptable Behaviour ContractPage 7

SECTION 4

4.1 Case Conference Page 7

4.2 Youth Inclusion and Support Panels Page 8

SECTION 5

.1 Anti-Social Behaviour Orders Page 95.1.1Application Process Page 95.1.2Monitoring of an Anti-Social Behaviour Order Page

105.1.3Breach of an Anti-Social Behaviour Order Page

10

- 2 -Tackling Anti-Social Behaviour Across Bucks – A CDRP Approach January 2004

5.2 Interim Anti-Social Behaviour Orders Page 11

5.2.1Breach of an Interim Anti-Social Behaviour OrderPage 11

Information Sharing Agreement

6.1 Background Page 126.2 Types of Information Page 12

6.2.1General Information Page 12

6.2.2Specific Identifiable Information Page 126.3 Conditions and Restrictions on Information Sharing

Common To All Participating Agencies Page 126.4 Conditions and Restrictions on Information Sharing

Applicable Only to Police Officers Page 13

6.4.1Witness Information Page 13

6.4.2 Information Sharing for Civil Cases Page 13

6.4.3 Information Sharing for Civil Cases Proceeding in Tandem with Criminal Matters Page

136.4.4Other Relevant Provisions Page

146.5 Mechanisms for Sharing Specific Information Page 147 Review Page 14

APPENDICES- 3 -

Tackling Anti-Social Behaviour Across Bucks – A CDRP Approach January 2004

Appendix A - Involvement and RepresentationPage 15

Appendix B - Anti-Social Behaviour Incident Diary LogPage 16

Appendix C - Anti-Social Behaviour Flow ChartPage 18

Appendix D - Existing Powers for Local AuthoritiesPage 20

Appendix E - Acceptable Behaviour ContractPage 23

Appendix F - ASBO Consultation Meeting Report FormPage 25

Appendix G - ASBO Magistrates Court Application FormPage 26

Appendix H - Information Sharing Consent FormPage 27

Appendix J - Record of Information Request / DisclosurePage 28


TACKLING ANTI-SOCIAL BEHAVIOUR ACROSS BUCKSCRIME & DISORDER REDUCTION PARTNERSHIP APPROACH

1.1 Introduction

Anti-Social Behaviour has a wide legal definition. The legal definition stated in the Crime and Disorder Act 1998 is “behaviour which causes or is likely to cause harassment, alarm or distress to one or more people who are not in the same household as the perpetrator”.

“Bucks” includes the four districts of Aylesbury Vale, Chiltern, South Bucks and Wycombe and the Police Areas that cover them, Aylesbury Vale, Chiltern Vale and the northern sector of Slough & District. Together, we have developed this working protocol and are committed to tackling the problem of Anti-Social Behaviour with other partner agencies.

Effective working partnerships, set up to tackle Anti-Social Behaviour, require information to be exchanged and shared with other agencies. It is important that the information shared is relevant, accurate and used for the purpose of preventing crime and improving community safety. The Information Sharing Agreement and Policy (referred to in Section 6) are designed to facilitate the legal exchange of information.

1.2 Working Guideline

Anti-Social Behaviour is difficult to define and the term has been used to include minor disorders, unprovoked assault, persistent nuisance, quality of life issues, vandalism and incivilities.

It is recognised that individual incidents should be dealt with by individual agencies. However where a pattern of behaviour is identified then a partnership approach can be encouraged.

Bucks extends the legal definition to include “fear of crime or concern for public safety, public disorder or public nuisance” and offer the following working guideline:

“Three or more complaints about a household, individual or locality, supported by more than one household within a three month period.”

However, we recommend that this does not include:

Neighbour disputes between 2 households Isolated complaints of noise Complaints regarding criminal activity where crime reporting procedures apply

(However, evidence of criminal activities can be used to support Anti-Social Behaviour proceedings)

1.3 Key Objectives

To establish effective working relationships between Bucks County Council; Buckinghamshire Fire and Rescue Service, Aylesbury Vale Police, Aylesbury Vale District Council; Chiltern Vale Police, Chiltern District Council, Wycombe District Council, South Bucks District Council, Slough & District Police, Youth Offending Service and other parties/agencies likely to be involved with the investigation and reduction of complaints of Anti-Social Behaviour. (See Appendix A)


To co-operate in the development and delivery of policies which effectively improve the tackling of crime, Anti-Social Behaviour and harassment, including racial harassment.

To pursue all available remedies with a view to modifying the behaviour of offending individuals and effecting a lasting solution. Officers of all parties may resort to legal remedies in both criminal and civil courts if necessary,

To increase the confidence of residents in the ability of the Police, Local Authorities and other agencies to combat Anti-Social Behaviour problems and to encourage their support and empowerment in combating crime, racial and other forms of harassment.

To monitor all referrals and interventions in respect of age, gender, ethnicity, nature, duration, action taken, victim profile, offender profile, contributory factors and level of

successful resolution.

1.4 Involvement and Representation

The multi agency action against Anti-Social Behaviour is co-ordinated as follows:

Level 1 - Strategy Group; Level 2 - Operational Groups

1.4.1 Strategy GroupThe Strategy Group will be made up of nominated representatives from each District; Police Area and representatives from key agencies, both from the statutory and voluntary sector, as appropriate and will support the processes and protocols. Their main role will be to ensure that the protocol is adopted and followed in a co-ordinated way, information sharing issues are resolved and any new legislation or good practice is considered. This group will also be responsible for supporting the work of the operational groups.

1.4.2 Operational Groups

The Operational Groups will comprise of a varying selection of Representatives from the list in Appendix A, dependant on the type of behaviour being considered, but will most often comprise of a CDRP Community Safety member and / or a Police member at least. The group will have the responsibility for the exchange of information and will agree on the appropriate course of action in individual cases. The course of action taken will be dependent on the severity and frequency of the behaviour, and will be assessed by the operational lead officers in each individual case. If a case causes particular concern to members of the Operational Group, these issues can be referred to a case conference / Youth Inclusion and Support Panel (YISP). All information exchanged will be in accordance with the Information Sharing Agreement.

2.1 Initial Report

Potential cases can be identified via the following channels:

Complaints from members of the public Return of the ASB Incident Diary Log (See example - Appendix B) Behaviour witnessed by Independent Professional Witnesses Video or Photographic Evidence Incidents logged on any record held by any relevant agency


A member of staff within a relevant agency

The agency receiving the initial complaint (“referring agency”) will take initial ownership of that case. This complaint will be fed through to the nominated point of contact for that agency who will record all relevant information. This will then be passed onto the designated Anti-Social Behaviour Co-ordinator for the Crime & Disorder Reduction Partnership (CDRP), who will log all details onto a central system.

A flow chart suggesting possible responses is shown in Appendix C.


2.2 Initial Response

The initial response to a report of Anti-Social Behaviour, requiring intervention by members of the operational groups, will usually be in the form of written correspondence or a written warning from the appropriate agency(s). It is possible that this method of intervention could be sufficient, however if the Anti-Social Behaviour persists and further measures are required a telephone call or a visit to the perpetrator(s) home should be considered, following a suitable risk assessment.

If a visit is necessary, it is likely that a number of further interventions will be discussed with the perpetrators, which could include:

Mediation Restorative Justice Joint agency verbal warnings supported by written warnings Intervention by any of the key agencies (e.g. possession proceedings by the L.A or

RSL) Referral to YISP Acceptable Behaviour Contract’s Parenting Orders Anti-Social Behaviour Orders (persons over 10 Years) Injunctions (persons over 18 Years)

At any time, if it is required, the referring agency(s) should seek advice or input from any other agency. This should not prevent or replace day-to-day contact, which may establish whether or not a case conference / YISP should be held.

The essence of the partnership is a clear understanding of the type of information that is relevant to both parties and an awareness on the part of those involved of the need to offer it proactively.

Appendix D refers to existing powers for Local Authorities that should be taken into consideration when determining the best course of action to take.

3.1 Acceptable Behaviour Contracts

An Acceptable Behaviour Contract (ABC) is entered into voluntarily and takes the form of a written agreement between an individual or household that has been involved in Anti-Social Behaviour and one or more of the local agencies, whose role it is to prevent such behaviour. Various agencies are able to take the lead on drawing up an ABC, therefore each case should be considered individually and the lead agency determined according to who would achieve the greatest impact on reducing the unacceptable behaviour.

The contract should specify a list of anti-social acts in which the individual/household has been involved and which they agree not to continue, i.e. write graffiti, smash glass, damage cars, firesetting etc. The individual/household should be involved in drawing up the contract and should agree the conditions as this may encourage them to realise the impact of their behaviour and take responsibility for their actions.

An ABC will normally last for six months, although since it is not a statutory document any reasonable period may be specified. If it is deemed necessary, the contract can be renewed after this period, particularly if breaches have occurred or other forms of Anti-Social Behaviour are continuing.

A copy of the original contract should be held by the designated Anti-Social Behaviour Co-ordinator for the CDRP and should be made available to all agencies involved in an


individual case, and those involved in monitoring the behaviour. Details of the Acceptable Behaviour Contract should also be logged onto the local Criminal Intelligence System (CIS).

An ABC may run alongside another multi agency intervention if deemed appropriate.

An example of an Acceptable Behaviour Contract is shown in Appendix E


3.1.1 Breach of an Acceptable Behaviour Contract

Continued monitoring of an ABC is essential for it to be effective. Information on breaches should be collected from the same sources as those from which the original Anti-Social Behaviour was identified and should be fed to the designated Anti-Social Behaviour Co-ordinator for the CDRP.

If the contract is breached there should always be a response. The lead agency(s) in any individual case will consider the circumstances and decide upon the best course of action.

Responses to breaches may include the following:

Verbal warnings Written warnings An interview to discuss and reiterate the contract terms. Proceedings for an Anti-Social Behaviour order Proceedings for a possession order

Agencies such as the Youth Offending Service (in the case of a young person) should become involved at this stage, if they have not been involved previously, to identify appropriate measures to address the continued unacceptable behaviour.

Agencies such as Outreach Services through Social Care or Youth & Community Services could be approached in terms of Outreach Work, to work with individuals in the community. Alternatively Registered Social Landlord’s or Local Authority Housing staff could be encouraged to be involved.

Evidence collected for an ABC and breach of the contract may be cited in court for an application in support of a possession order or an Anti-Social Behaviour order.

4.1 Case Conference

A case conference can refer to any multi-agency meeting such as an Anti-Social Behaviour conference; a Multi-Agency Public Protection Panel or a Youth Inclusion and Support Panel.

If a case conference is deemed necessary, all appropriate members from the Operational Group should be invited to discuss the case and decide on a course of action.

Case conference members should include all appropriate agency representatives who hold information relevant to the case and any person from a statutory agency, such as Social Care / Education, School Improvement, Probation Service, Primary Care Trust etc. who may be able to assist in the resolution of the case.

The case conference should include:

All relevant information held by any of the partnership agencies which would support criminal and/or civil proceedings.

All participants will abide by the information sharing agreement (referred to Section 6) and minutes taken. These minutes will be circulated to the conference members to be checked for accuracy and should be treated as confidential information.


An Action Plan will be drawn up and may include the following depending on the severity of the case:

Letters written to all parties Mediation / Restorative Justice Verbal warnings supported by written warnings Intervention by any of the key agencies Individual Support Plan (Youth Offending Service) Acceptable Behaviour Contract’s Further evidence gathering - video, observations, professional witnesses Preparation of case papers - obtaining witness statements etc. Anti-Social Behaviour Order’s Criminal / Civil Proceedings Housing Act Injunctions Possession Orders Eviction

A review date will be set which should generally be within 3 months of the case conference.

All agencies will be prepared to make full use of all legal powers available to them i.e. enforcement of tenancy conditions by seeking evictions; use of injunctions; noise

abatement notices; use of public order powers; criminal proceedings and seeking appropriate bail conditions.

Where it is envisaged that a criminal and civil case are based on the same facts and may be likely to run at the same time, the prosecuting agency in either case must be made aware so that the case can be adequately supervised. Both prosecuting agencies must also be made aware of proposed actions (e.g. Case Conferences; Actions arising). This liaison must occur prior to any subsequent action being taken.

All agencies will employ a problem solving approach to the issue agreed and will pursue effective responses via mutual co-operation and joint case management. There will not necessarily be immediate recourse to law and many other effective measures can be pursued to resolve a case.

Note: If a criminal case is being pursued along with a civil case, any documents seen by Police Officers with regard to the civil case become disclosable in the criminal proceedings. This includes the civil court transcript if the civil case is heard prior to the conclusion of the criminal case.

4.2 Youth Inclusion and Support Panels

The Anti-Social Behaviour White Paper (2003) sets out an agenda to tackle Anti-Social Behaviour, including new powers for Police and Local Authorities. These include the power to ask parents whose children do not attend school regularly or who have been excluded for serious misbehaviour to sign parenting contracts, and Individual Support Orders to accept help, such as drug treatment. Other powers seek to tackle issues such as noisy neighbours, crack houses, graffiti and airguns.

The work of a Youth Inclusion and Support Panel (YISP) needs to operate within the broader local [County and District Council] prevention and Anti-Social Behaviour strategy, including the use of Acceptable Behaviour Contracts and Anti-Social Behaviour Orders. A YISP is a multi-agency panel operated by the Youth Offending Service, funded and supported by the Buckinghamshire Childrens Fund, to prevent and support young people at risk of involvement in crime


YISP’s occupy the middle ground of responses to troubled and troublesome children, where concerns about welfare, youth offending and community safety issues meet and will only be applicable to young people between the ages of 8yrs and 13yrs of age. Essentially YISP’s are tasked to try and prevent a child appearing within the youth justice and community safety arena by enabling access to support within the welfare dimension.

Both the YISP strategy and Anti-Social Behaviour strategy initiatives’ share common themes and imperatives to which the YISP model is extremely well placed to respond. For example, the need for early identification of challenging behaviour; a focus on those children most at risk; co-ordination of multi-agency activity; tracking and monitoring of interventions and ensuring mainstream services are accessible to, and accessed by, children in need and at risk so that Protective factors are enhanced and risk factors diminished.


5.1 Anti-Social Behaviour Orders

Section 1 of the Crime and Disorder Act 1998 provides for the issue of Anti-Social Behaviour Orders (ASBO’s). These are intended to tackle serious and persistent Anti-Social Behaviour which interferes with the lives of individuals, families or communities, and which cannot be effectively dealt with by existing methods.

The Orders last for a minimum of two years and can be taken out against anyone of 10 years of age or over. An application for an order is made through a civil court, but any breach, without reasonable excuse, is classed as a criminal offence and punishable with a maximum penalty, on indictment, of five years imprisonment for an adult offender or a detention and training order for a juvenile offender.

Various agencies are able to take the lead on drawing up an ASBO therefore each case should be considered individually and the lead agency determined according to who would achieve the greatest impact on reducing the unacceptable behaviour. Other relevant agencies must be consulted and included in the decision making process.

Under the terms of the Crime and Disorder Act 1998, the agency applying for the order must show that:

the defendant behaved in an anti-social manner and an order is necessary for the protection of persons from further Anti-Social

Behaviour by the defendant

An Anti-Social Behaviour Order is made against an individual - where more than one individual identified, then an order should be sought against each person.

The Human Rights Act should be considered when deciding what action to take and whether an Anti-Social Behaviour order is a proportionate remedy. Alternatives such as Mediation, Parenting Orders, Housing Act options, Child Safety Order (8-10 Yrs) etc. could also be considered before proceeding with an application.

5.1.1 Application Process

It is a statutory requirement that the following regulations are adhered to when consideration is given to an Anti-Social Behaviour Order application:

The Police and Local Authorities must consult each other Registered Social Landlords and the British Transport Police must consult

both the Local Authority and the Police Force for the area Youth Offending Service should be consulted when the subject is a Young

Person

A consultation meeting should be held if an application is proposed by a member of the Operational Group. This meeting is required to inform the appropriate agencies of the intended Anti-Social Behaviour Order application. It is not mandatory that the appropriate agencies agree to an application but they must be told of the intended application and given the opportunity to comment.

A signed document of consultation is required by the court, but this should not indicate whether the consulted parties were in agreement or not.


If the application is supported, an application will be made in writing in the appropriate format (See Appendix G). The Magistrates Court to which the application is made must cover the area where the Anti-Social Behaviour took place, which could be different to the area where the defendant lives.

The nature and duration of any prohibition sought must be clearly defined. In exceptional or difficult cases the Crown Prosecution Service should be consulted on the proposed wording of a prohibition to ensure that if it is breached, it is capable of prosecution in the criminal court.

By virtue of Section 127 of the Magistrates Court Act a complaint for an Anti-Social Behaviour order must be sought before the Magistrates Court within 6 months of the behaviour taking place, although reference to behaviour before this time can be added as evidence to show why an Order is necessary.

The Magistrates’ Court Clerks should be requested to ensure that priority is given to listing application for orders. The Home Office indicates that it is desirable to avoid delays. The Court will advise how many days notice of court hearing is required on service of the papers.

5.1.2 Monitoring of an Anti-Social Behaviour Order

Once an order has been obtained, all appropriate agencies will take joint responsibility for monitoring compliance to the order, and all information should be fed in to the designated Anti-Social Behaviour Co-ordinator for the CDRP who will ensure a record is kept.

It will be necessary to show the effectiveness of any order granted. The orders will therefore be monitored by the designated Anti-Social Behaviour Co-ordinator for the CDRP in the respect of:

age, gender, ethnicity nature and duration action taken in respect of a breach victim profile offender profile any contributory factors which may have given rise to the Anti-Social

Behaviour concerned i.e. drugs, alcohol

Orders should also be recorded on the Police National Computer (PNC) which will enable Police Forces to effectively enforce a breach, which is an arrestable offence.

5.1.3 Breach of an Anti-Social Behaviour Order

Breach of an order is a criminal offence therefore criminal procedures and penalties apply. The standard of proof required is the criminal standard and guilt must be established beyond reasonable doubt.

The Crown Prosecution Service will be responsible for prosecuting any breaches of an order. If the breach is accompanied by a substantive criminal offence this


should be dealt with separately to ensure the procedure in respect of the breach is not delayed.

At a Magistrates Court, an adult defendant can be sentenced to a maximum of 6 months and a fine not exceeding the present statutory maximum of £5000 and on indictment up to 5 years and / or a fine. At the Crown Court, the maximum penalty is 5 years in prison or a fine, or both.

For a juvenile, the maximum sentence is a detention and training order which has a maximum term of 24 months (12 months of which is custodial and 12 months in the community). The DTO is available for 12 to 17 year olds (although a juvenile aged between 12 and 14 years must be a persistent (criminal) offender to be given a DTO.) Those aged 10 and 11 years old can be given a community order for breach of an ASBO.

These proceedings are the same irrespective of whether the order is a full or interim order made to the magistrates’ court or the county court, or an order on conviction of criminal proceedings.

5.2 Interim Anti-Social Behaviour Orders

Interim Orders are available under Section 1D of the Crime and Disorder Act 1998 (as amended by Section 65 of the Police Reform Act 2002), in both Magistrates Court and the County Court. This is an order made at an initial court hearing held in advance of a full hearing. It is a temporary order which can impose the same prohibitions and has the same penalties for breach as a full ASBO.

Applications for interim orders will be appropriate in cases where the agencies involved feel that people need to be protected from the threat of further Anti-Social Behaviour acts which might occur before the main application can be determined.

Various agencies are able to take the lead on drawing up an ASBO, therefore each case should be considered individually and the lead agency determined according to who would achieve the greatest impact on reducing the unacceptable behaviour.

An individual who is subject to an interim order will have the opportunity to respond to the case at the hearing for the full order. The defendant is also able to apply to the court for an interim order to be varied or discharged.

The interim order:

Will be for a fixed period Can be varied or discharged on application by the defendant Will cease to have effect if the application for the ASBO or county court order is

withdrawn or refused May extend over any defined area of England and Wales Has the same breach penalties as for a full order

5.2.1 Breach of an Interim Anti-Social Behaviour Order

Breach of an interim order is a criminal offence and criminal procedures and penalties apply. The standard of proof required is the criminal standard and guilt must be established beyond reasonable doubt.

The Crown Prosecution Service will be responsible for prosecuting any breaches of an order. If the breach is accompanied by a substantive criminal offence this


should be dealt with separately to ensure the procedure in respect of the breach is not delayed.

At a Magistrates Court, an adult defendant can be sentenced to a maximum of 6 months and a fine not exceeding the present statutory maximum of £5000 and on indictment up to 5 years and / or a fine. At the Crown Court, the maximum penalty is 5 years in prison or a fine, or both.

For a juvenile, the maximum sentence is a detention and training order which has a maximum term of 24 months (12 months of which is custodial and 12 months in the community). The DTO is available for 12 to 17 year olds (although a juvenile aged between 12 and 14 years must be a persistent (criminal) offender to be given a DTO.) Those aged 10 and 11 years old can be given a community order for breach of an ASBO.

Such proceedings are the same irrespective of whether the order is a full or interim order made to the magistrates’ court or the county court, or an order on conviction of criminal proceedings.


INFORMATION SHARING AGREEMENT TO DEAL WITH ANTI-SOCIAL BEHAVIOUR

6.1 Background

Effective partnership action requires information to be exchanged and shared with other agencies. It is important, however, that the information shared is relevant, accurate and used for the purpose of reducing and detecting crime and disorder and reducing the fear of crime, thereby improving community safety.

A ‘Countywide Information Sharing Protocol’, signed by the key partner agencies, exists under the Crime & Disorder Act and is held by the Community Safety Teams. This agreement is designed to facilitate the legal exchange of information.

6.2 Types Of Information

Information falls into two main types: firstly, general information which is non-identifiable and secondly, specific information about incidents and individuals.

6.2.1 General Information

General information can be used to develop general preventative strategies or discuss policy and practice. There are no restrictions on the use of this information although if any agency intends to use anothers information publicly, they will check the validity and context with that agency.

6.2.2 Specific Identifiable Information

Information about specific incidents and individuals will be shared between the agencies for the purpose of preventing crime and dealing with Anti-Social Behaviour. Information will be shared in order to:

Develop specific preventative strategies focused on individuals or local areas Discuss and agree appropriate responses to meet the needs of specific

victims or deal with perpetrators Identify perpetrators and further investigations by Aylesbury Vale, Chiltern

Vale and Slough & District Police Areas, Bucks County Council, Buckinghamshire Fire and Rescue Service, Aylesbury Vale District Council,. Chiltern District Council, South Bucks District Council, Wycombe District Council and any other partner agency which agrees to abide by the conditions of the information sharing agreement.

Take action in support of victims or against perpetrators.

6.3 Conditions and Restrictions on Information Sharing - Common To All Participating Organisations

Each agency will make arrangements to ensure that the original source of the information to be shared is fully aware of the purpose for which the information is to be used. Any requests for the information to be used in any way other than that for which it was originally intended must be made to the original source, who must give their express permission.

All information is provided in confidence and should be disposed of in a secure manner. All agencies agree to keep the information safe and confidential and that


the information will only be used for preventing or dealing with crime, child protection issues and Anti-Social Behaviour and will only be quoted or used in discussions between the agencies. No information will be used for any other professional or personal reason.

Any agency undertaking legal proceedings (e.g. Social Landlords seeking possession orders) will have the co-operation of the other agencies regarding the provision of information to assist the prosecution.

Civil proceedings can progress in parallel with criminal cases. The CPS must give authority for this so that appropriate supervision can be given to avoid prejudicing the criminal case. Any documentation seen by a Police Officer which relates to civil proceedings must be disclosed as unused material in a criminal case. The court transcript of a civil case heard prior to the conclusion of a criminal case is also disclosable. To facilitate this contact with CPS, the prosecuting agency should liaise with the Police Anti-Social Behaviour co-ordinator or the Officer involved in the case.

Each agency will set up appropriate procedures for sharing information with each other. Usually this will be at a case conference / YISP held under the Anti-Social Behaviour procedures at which the information sharing agreement will apply. Each agency agrees to indemnify any other agency for any improper use of information by their employees or agents.

6.4 Conditions and Restrictions on Information Sharing - Applicable Only To Police Officers

6.4.1 Witness Information

a) In order for any Police Officers to share information which has been provided for a specific purpose e.g. to report a crime, the source must give signed consent to allow the information to be shared with other agencies. A consent form has been approved by the Force Solicitor and is available from the Anti-Social Behaviour Co-ordinator.

b) Existing statements of either the victim or a witness will not be provided to other agencies unless the witnesses give their written consent. This can be incorporated into the statement.

c) Witness details will be provided to other agencies only when the witness has agreed in writing to this course of action.

A copy of the consent form is attached in Appendix H.

6.4.2 Information Sharing for Civil Cases

Aylesbury Vale, Chiltern Vale and Slough & District Police Area policy is that Officers will provide statements and will attend Civil Court if necessary, providing that the Anti-Social Behaviour policy has been adhered to and a case conference has been held. Aylesbury Vale, Chiltern Vale and Slough & District Police must be in agreement with the course of action proposed at the conference.

6.4.3 Information Sharing for Civil Cases Proceeding in Tandem with Criminal Matters


Civil proceedings can progress in parallel with criminal cases which are based on the same facts. In this situation the following procedures apply:

a) It is essential that the criminal case is not prejudiced by the civil proceedings. The Anti-Social Behaviour Co-ordinator or the Officer involved in the case will liaise with the CPS to ensure they are consulted before civil proceedings commence. The CPS must be kept updated regarding the progress of the civil proceedings and must also be made aware of any actions taken, such as a case conference or YISP, and any proposals arising from such actions. This should be done by way of completion of an MG6 form submitted on the criminal case file.

b) With regards to civil cases not covered by the Anti-Social Behaviour procedures, the Thames Valley Police Force Solicitor has outlined that if a prosecution is being made by another agency it will be necessary for that agency to request an interview with any officer required to give evidence and for a proof of evidence to be obtained. This agency will also need to make arrangements with the relevant court to issue a witness summons to require Police Officers to attend civil court to give evidence.

6.4.4 Other Relevant Provisions

a) Special provisions exist for additional physical evidence obtained in the course of a criminal investigation to be supplied to another agency.

b) Aylesbury Vale, Chiltern Vale and Slough & District Police will inform the other agency immediately of any decision not to proceed with criminal proceedings.

c) If Aylesbury Vale, Chiltern Vale and Slough & District Police receive any information in favour of the accused then advice from CPS must be sought

regarding whether the information is disclosable to another agency.

6.5 Mechanisms for Sharing Specific Information

The Data Protection Act must be adhered to throughout the information sharing process:

6.5.1 Information which is held on computer can only be released in adherence with Thames Valley Police guidelines. Action to release this data will normally be undertaken by the Anti-Social Behaviour Co-ordinator in accordance with locally agreed processes.

This provision does not prevent an officer with personal knowledge of a case using discretion and discussing the matter with appropriate agency contacts as personal experience is not subject to the provisions of the Data Protection Act. It is essential that any information shared is accurate, relevant and to be used for the purposes outlined in section 4.1 or 4.2.

6.5.2 Appropriate procedures for sharing information will be set up by each of the participating agencies (See Appendix J). The main forum for sharing the information will be a case conference or YISP. Minutes will be taken for all case conferences which will be held under the Anti-Social Behaviour procedures to which the agreement, local policy and process document refer.

7. Review- 19 -

Tackling Anti-Social Behaviour Across Bucks – A CDRP Approach January 2004

This is a changing area of legislation with new powers and procedures being introduced. Is it therefore intended that this document will be reviewed by the Strategy Group on an annual basis.


APPENDIX AINVOLVEMENT AND REPRESENTATION

Strategy Group Members

Core Membership Occasional Membership

Aylesbury Vale District CouncilBuckinghamshire County Council Buckinghamshire Mediation ServiceBuckinghamshire Fire and Rescue Service

Housing Associations

Chiltern District Council Registered Social LandlordsSouth Bucks District Council Victim Support ServicesThames Valley Police Voluntary Sector OrganisationsYouth Offending ServiceWycombe District Council

Occasional Membership may attend the Strategy Group meetings whenever necessary.

Operational Group Members

Nominated individuals who may form operational working groups on a particular case and to whom relevant information may be exchanged in accordance with the Information Sharing Agreement.

It is not required for all nominated individuals listed below to be involved in every case.

Aylesbury Vale District Council Wycombe District Council

Anti-Social Behaviour Officer CCTVCommunity Safety Department Cleansing / Car Park Services Environmental Health Community Services DepartmentHousing Services Department Environmental Services DepartmentLegal Services Department Housing Services DepartmentLeisure Services Department Legal Services Department

Leisure Services DepartmentChiltern District Council

Buckinghamshire Fire and Rescue Community Safety SectionHealth and Housing Arson Task ForceRevenue and Benefits Division Community Safety TeamLegal Services Division

Nominated RepresentativesSouth Bucks District Council

Buckinghamshire MediationBusiness Unit Education WelfareCommunity Safety Team Housing AssociationsHealth & Housing Business Mental Health TrustLegal Services Minority Ethnic Travellers Association

National Probation ServiceThames Valley Police Primary Care Trust

Registered Social Landlord’sAnti-Social Behaviour Officer Revolving DoorsArea Beat Officers Social ServicesSector Sergeants & Inspectors Two Shires NHS Ambulance TrustCommunity Safety Department Victim Support Services


Youth and Community ServicesYouth Offending Service


APPENDIX BANTI-SOCIAL BEHAVIOUR INCIDENT DIARY LOG

Name:

Address:

We will not disclose your identity to the person(s) you are complaining about, without your written consent.However any information given on this form may be given to the offender(s) if the case goes to court.

You do not have to give your name & address on this form, but if you do not, we will be unable to invite you to make a witness statement/go to court. This will mean that the information you give us will not carry as much weight. It will also limit the actions we can take to help you.

( P.T.O for more logs)

Date: Time Started: Time Finished: Location:

Suspect Name / Description:

Details Of Incident:

Did you take any action?

How did the incident affect you?

Signature Date







Signature Date

TOGETHER WE CAN - LOGOAPPENDIX B Cont...Date: Time Started: Time Finished: Location:





Signature Date






Signature Date

Have you reported the problems to anyone else? Yes / No

Please tick appropriate:Police District Council Registered Social Landlord

Other (Please specify)


PLACE YOURLOGO HERE

THANK YOU FOR TAKING THE TIME TO COMPLETE THIS LOG SHEETPlease return to: Anti-social Behaviour Officer, Thames Valley Police, Freepost, King George V Road, Amersham, Bucks

HP6 5ZS


APPENDIX CInitial Response to Tackling Anti-Social Behaviour

CASE CONFERENCE

NoFurtherAction

Y es N o

M ed ia tion /C it izensA dviceB ureau

NeighbourNuisance

Y es

C ourtA c t ion

F urthe rE vidence

N o

T enancyP rocedureR eso lu t ioni.e Le tte r

Housing

F urthe rE vidence

N o

U ndertakeW orks

i.e . C ourtA c t ion

F u rthe rE vidence

Y es

EnvironmentalServices

C ons iderat ion o fA batem ent N o tice

Community SafetyA dvice / P oss So lu t ions

e .g P a rish / T ownC ounc ils o r N H W

Lette r

H om eV is it

A reaB ea t

O ff ice r

C rim ina lP roceedings

Police

P ass tore levan t

agenc ies

Inves t iga teLoca l

P rob lem

NHW /Parish / Town /

District Councils

Housing / Env Svcs / Police / Comm Sfty / NHWInves t iga te C om pla in t & log

w ith D is tric t C o -ord ina to rR eques t co llabo ra tive evidence

In itia l R eport


APPENDIX C Cont...How Agencies Might Get Involved

P ro b a tion

T ra ve lle rs 'S e rv ice s

E d u c a tion

Y o u thS e rv ice

O utre a chW o rk e rs

D is tric tC o u n c il

L e a rn in gS e rv ice s

A d u ltL e a rn in g

D ivers ion

S o c ia l C a refo r O ld e rP e o p le

E a rly Y ea rsan d C h ildca re

C o m m u n ityC are fo rA d u lts

P rim a ry C a reT ru s ts

V o lu n ta ryO rga n isa tio ns

R e vo lv in gD oo rs

M e d ia tionS e rvic e s

M e n ta lH e a lthT e a m

Is su es :M enta l H ea lth

F am ily B reakdow n

P ro b a tio n

R e s id e n ts 'C o n tra c ts

T e n a n c yA greem ents

H o u s in gA s s o c ia tio n s

P o lic e

C o u n c ilH o u s in g

C o u n c ilE nvironm en tal

S e rv ice s

E nforcem entIssues

D ru g A c tio nT e a m

P rim a ryC a re

T ru s ts

V o lu n ta ryO rga n is a tio ns

R e vo lv in gD o o rs

H ea lthIss ues

M e d ia tio nS e rv ic e s

C h u rc h e s /R e lig io u s

O rga n isa tio ns

S p o rtsM u s icD ra m a

A rts

V ic timS u p p o rt

S upport

Y o u thO ffe n d in g

S e rv ic e

D ru gA c tio nT e a m

C o n n exio n s

C o m m u nityS a fe ty

C o m m u nityD e ve lo p m e n t

Y o u th &C o m m u nity

O u tre a chW o rk e rs

A lc oh o lW o rke r

S tatu to ryS pec ia lis ts

P arentingO rder

A nti-S oc ia lB ehaviour

O rder

A cc eptab leB ehaviou rC ontrac t

C ase C onference


APPENDIX D

EXISTING POWERS FOR LOCAL AUTHORITIES

Local authorities, through both their Housing and Environmental Health Departments, are amongst the most important agencies in dealing with Anti-Social Behaviour in their areas. They will need to decide on the appropriateness of the legislation they intend to invoke to deal with such problems.

Housing

As landlords, local housing providers and RSL partners have a key role in tackling Anti-Social Behaviour by their tenants, and on their estates. In doing so they use a wide range of measures and, according to the nature and particular circumstances of a case, authorities will need to decide whether those measures are more appropriate than an ASBO, or whether their housing powers should be used in conjunction with an ASBO.

Prevention is always better than cure and even the strongest legislation can never be a substitute for good local authority housing management. Eviction is, and must remain, a last resort for all but the most serious cases of neighbour nuisance. There are a number of preventative measures which local authority landlords can take to reduce Anti-Social Behaviour, for example:-

Tightening up tenancy agreements to make them more readily enforceable.

Using mediation and counselling services to resolve disputes before they escalate (where a council tenant is either the victim, or the alleged perpetrator).

Using injunctions to prevent unruly behaviour, on those over 18 years of age.

Section 144 of the Housing Act 1996 amended and strengthened Ground 2 to Schedule 2 to the Housing Act 1985 (Grounds for Possession), making it easier for local authorities to provide evidence to the courts of behaviour justifying repossession of tenancy. The extended Ground covers conviction for an arrestable offence (as defined in Section 24 of the Police and Criminal Evidence Act 1984) in the locality of the property, which could be particularly useful in cases of drug dealing in common areas of an estate. The revised Ground also covers the behaviour of visitors to the tenant’s home.

Local authorities can also, using the provision in the Housing Act 1996, opt to operate an Introductory Tenancy Scheme. This would apply to all new tenants of the local authority. An Introductory Tenancy Scheme lasts for 12 months, after which it becomes a secure tenancy unless the local authority has had to evict the tenant. The expectation is that the vast majority of introductory tenants will go on to become secure tenants, but there will be some for whom eviction proves necessary. In such cases, local authorities are able to seek an order from the court without the need to provide grounds for possession, although the tenant has a right to an internal review of any decision to evict.

For serious cases of nuisance, where violence has been used or threatened, local authorities can take an injunction under Section 152 of the Housing Act 1996 to prevent Anti-Social Behaviour by anyone over the age of 18 years, not just a tenant, against

- 28 -Tackling Anti-Social Behaviour Across Bucks - A CDRP Approach January 2003

tenants, those living with them, their visitors, or anyone carrying out a lawful activity (for example rent collection) in residential premises or in the locality of such premises. The courts must attach a power of arrest to injunctions obtained under Section 152.

Under Section 153, the courts can also attach a power of arrest to injunctions granted to local authorities and other social landlords in respect of a breach, or anticipated breach, of a tenancy agreement where there has been violence


APPENDIX D Cont.

or a threat of violence. Breach of an injunction is a serious matter and the perpetrator can be arrested without a warrant and brought before a Judge within 24 hours.

The DETR has issued a separate Circular advice to local authorities on Introductory Tenancies and Repossession of Secure Tenancies and on the use of Injunctions Against Anti-Social Behaviour (DOE Circular 2/97 and DETR Circular 12/97 respectively).

The Environmental Protection Act 1990 - Statutory Nuisance

Many cases of nuisance may be dealt with under the terms of the Environmental Protection Act 1990. Where a problem is occurring, or emitting from, any premises, land and is considered by the local authority to be prejudiced to health or a nuisance, then action may be taken to abate it. Mediation as a first step should not be overlooked.

The powers contained in the 1990 Act do not require a complaint of nuisance to be made by more then one person. They may refer to premises including land and are particularly relevant in the cases of noise nuisance. While the powers may not be used to control the behaviour of a person in the street, the Act does provide a valuable form of nuisance control in that local authorities have powers to abate the current and future activities of people or the premises for which they are responsible.

Section 79 of Part III of the 1990 Act places a clear duty on local authorities to inspect their areas from time to time to detect statutory nuisances and to “take such steps as are reasonably practicable” to investigate complaints of statutory nuisance that are made by people living in their area. Statutory nuisances as defined by the 1990 Act, range from the keeping of animals in such a place or manner as to be prejudicial to health or a nuisance, to noise and fumes from premises. In each case a judgement needs to be made by the local authority as to whether a particular problem is prejudicial to health or a nuisance, taking into account all relevant local circumstances in forming their judgement. Consultation with the Police is not required. The statutory nuisance requirements prove that where a local authority is satisfied that a nuisance exists or is likely to occur or recur, they must serve an abatement notice on the person responsible for the nuisance, or if that person cannot be found or the nuisance has not yet occurred, on the owner or occupier of the premises from which the nuisance occurs or will occur.

An abatement notice can require that the nuisance be abated, or prohibit or restrict occurrence or reoccurrence. It may also require works or such other steps as may be necessary for the purpose of the notice or as may be specified in the notice. The notice may also specify the times or times within which the requirements of the notice are to be complied with. Failure to comply with an abatement notice can result in substantial fines. Alternatively under Section 82 of the 1990 Act, an individual can consider the option of laying a complaint direct to the Magistrates Court.

Noise Act 1996 - Night Noise Offence

The Night Noise Offence is an adoptive power within the Noise Act 1996 which enhances the options available for local authorities to deal with noise from domestic premises in their area - including gardens, yards and outhouses Whether local authorities adopt the powers or not, the controls available under statutory nuisance legislation may still be used at all times of the day and night.


The Night Noise Offence applies between 11pm and 7am. If the powers are adopted, local authorities have a duty to investigate complaints of excessive noise during the above hours. They may then serve a warning notice on the person responsible for the noise stating that if the noise, when measured by the local authority, has not been reduced to below the permitted level within a specific time then the authority may take further action.


APPENDIX D Cont.

Failure to keep the noise below the set level during the night is an offence. Maximum penalty on conviction in court is £1000 but a local authority can issue a £100 fixed penalty notice. Payment within 14 days discharges any liability to prosecution.

The 1996 Act also clarified the power of temporary confiscation of noise making equipment under 81(3) of the 1990 Act. Where an offence has been committed the local authority have the right to enter premises and seize noise making equipment. If entry is refused, the local authority can obtain a warrant to enter. Local authorities can retain equipment for 28 days or until the court case is decided. If found guilty of an offence the court can order forfeiture of the equipment.


APPENDIX E

ACCEPTABLE BEHAVIOUR CONTRACT

THIS CONTRACT is made on (date)

BETWEEN Bucks Anti-Social Behaviour Partnership

AND

(name)

OF (address)

(Age or DOB)

(name)

AGREES the following in respect of future conduct:-

(conditions)


APPENDIX E Cont.

FURTHER

(name) enters into a commitment with the Bucks Anti-Social

Behaviour Partnership not to cause harassment, alarm or distress to one or more persons not in the same household.

BREACH

If (name)

does anything which they have agreed not to do under

this contract which the Anti-Social Behaviour Partnership considers to amount to Anti-Social Behaviour., the Anti-Social Behaviour Partnership will make an application to the Magistrates Courtfor an Anti-Social Behaviour Order to prohibit

(name)

from acting in a manner likely to cause harassment, alarm or distress to one or more persons in the locality.

FURTHER

(name)

acknowledges that where an Anti-Social Behaviour Order

is made by the Court and breached.

(name)

will be liable of conviction to a term of imprisonment not exceeding five years or to a fine, or both.

DECLARATION

I confirm that I understand the meaning of this contract and that the consequences of the breach of the contract has been explained to me.

SIGNED:

WITNESSED:

SIGNED:

(if the above is under 18, to be signed by an appropriate adult)

SIGNED : Bucks Anti-Social Behaviour Partnership


SIGNED : Bucks Anti-Social Behaviour Partnership

DATE:


APPENDIX F

ANTI-SOCIAL BEHAVIOUR ORDER

CONSULTATION MEETING

Location Date

Attendees

Offender

Report

Decision(s) Taken

Agreed as true and accurate:

Authorised Officers:

Thames Valley Police Local Authority


APPENDIX G

APPLICATION FOR ANTI-SOCIAL BEHAVIOUR ORDER

Crime and Disorder Act 1998 - Section 1 (1)

Magistrates’ Court

Date

(Code)

Address:

Defendant:

Local Government area(s) in respect of which application is made:

Relevant authorities consulted:

Acts in respect of which application is made:

Prohibition(s) Sought:

The Complaint of:

Address:

Who [ upon oath ] states that the defendant was responsible for the acts of which particulars are given above, in respect of which this complaint is made.

Taken [ and sworn ] before meJustice of the Peace


[ Justices Clerk ]


APPENDIX H

CONSENT TO DISCLOSURE AND OBTAINING OF INFORMATION

I (name)

(address)

have made a complaint about anti-social behaviour to

I understand that I may withdraw my consent at any time but that this information may still be obtained or disclosed if it is necessary for any of the purposes of the 'Crime & Disorder Act 1998' and the principles of the ‘Data Protection Act 1998' have been met.

I am also aware that in most cases it is impossible to investigate a complaint without the perpetrator(s) eventually identifying the complainant. I understand that often the description of events may enable the perpetrator(s) to guess who the complainant is.

Also the perpetrator(s) may become aware of my identity if the case goes to Court.

Whilst the majority of cases do not go to Court we need your help to resolve the problem you are experiencing.

As part of their investigation I consent to officers or agents of contacting any organisation or group and obtaining any information which relates to me or my household.

I also consent to officers or agents of contacting any organisation or group and disclosing any information which relates to me or my household.

Please help us to help you


APPENDIX J

Crime & Disorder Reduction PartnershipRECORD OF INFORMATION REQUEST / DISCLOSURE

This form must be signed by an authorised designated officer and returned within 15 working days of receipt.

Section 1

REQUEST FOR PERSONAL INFORMATION

1. Request Reference No. (Requesting Agency)

2. Agency / department making request

3. Agency / department from which information is sought

4. SUBJECT DETAILS

Surname: Forename(s):Date Of Birth: Sex:Height: Ethnicity:Address:Other known information that might assist with identification

5. INFORMATION

State precisely the information sought (e.g. If conviction data, convictions for what type of offence; convicted over what period?; if Police incident data, what type of incident, at which location, what time of day, in what time period?)


APPENDIX J Cont.

6. Specify precisely why the information is required; provide background information to assist the designated officer taking the disclosure decision to understand the complete situation.

(If the reason is to prevent/detect crime or to support the apprehension/prosecution of an offender, specify why failure to disclose will prejudice the prevention/detection of crime or apprehension/prosecution of an offender.)

7. Will seeking the consent of the subject data frustrate the purpose of the disclosure?

If yes, specify the reason(s).

The information requested will be subject to the provisions of the Data Protection Act 1998. It will not be used for any purpose other than that for which is has been requested and will not be disclosed to an unauthorised third party. Appropriate security measures are in place in respect of the information requested. Once the information has served its required purpose and/or the end of the retention period is reached it will be destroyed in accordance with the protocol.

Signed Name

Position Date


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