An authorised person may issue a community protection notice to an individual aged 16 or over, or a body, if satisfied on reasonable grounds that
(i) the conduct of the individual or body is having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality; and
(ii) the conduct is unreasonable.
A community protection notice may be issued by a constable, the relevant local authority, or a person designated by the relevant local authority for the purposes of this section. A community protection notice imposes any of the following requirements on the individual or body issued with it:
a) A requirement to stop doing specified things
b) A requirement to do specified things
c) A requirement to take reasonable steps to achieve specified results.
They can only be issued if the offender has been given a written warning that the notice will be issued if their conduct doesn’t change and that they have been given enough time to have reasonably made those changes, and yet have chosen not to do so.
A person issued with a community protection notice who fails to comply with it commits an offence.
Examples include an individual who regularly allows their dog to foul a communal garden and a group regularly taking the same route home late at night whilst drunk, making noise and waking their neighbours (neither of these incidents of persistent ASB had been covered by previous legislation).
This tool will replace the current Litter Clearing notice, Street Litter Control notice, and Defacement Removal Notices and so should make things more streamlined and therefore more effective, especially if it can now be used more widely than previous legislation permitted. If an offender (individual or organisation) has been warned that they will receive a notice if they do not change their conduct and then a notice is issued which states that failure to comply with it is an offence, it should hopefully push forwards a positive change in conduct.
ASB Help will always endeavour to work collaboratively with practitioners and partner agencies across England and Wales to promote and attain the best possible outcome for the victim. It is our hope that our expertise and experience will be used as an asset by practitioners in all cases that we consult on, however it must be noted that we do NOT have jurisdiction over local agencies and cannot compel partners to undertake specific action.
We will continue to offer objective advice to victims and practitioners alike and hope that in doing so we can promote best practice in ASB case management as well as raising awareness of victims rights.
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