ASB POLICY

North Police ASB POLICY

Governance: Operations Committee Policy Owner: Head of Local Policing Services Department: Community Safety Policy Writer: Inspector Policy Number: 089 Version: 2.0 Effective Date: 07/12/2017 Review Date: 07/12/2019 CHANGE HISTORY Version Author Changes Ratification No: Original documents ‘ASB Procedure’ and ‘Tools & Powers’ merged on to new policy template. ------~~~ Change of terminology from ACPO to NPCC. ------~~~ Change of terminology from neighbourhood to SNT. ------~~~ Change of terminology from district to Local Policing Area.

SECTION 1: ASB PROCEDURE

Following consultation with Andy Broadhead regarding FCC responsibilities, he recommended

Inspector Julie the following:

Sheard I have reviewed the guidance document and make the following observations: 1. The new FCC deployment and grading policy & guidance basically supersedes this ASB policy as it was originally written several years ago when vulnerability was not covered in the former FCC policy. Whilst the original document was extremely well written and presented it does to some extent represent policing in a differing environment as compared to our current challenges. 2. The vulnerability assessments within RMS are now to some extent duplicated with the VVAs but I assume is still used to trigger hi risk notifications within LPS.

089/v2.0 Page 1 of 20 Police – Local Policing Services North Wales Police ASB POLICY 3. I would suggest that the guidance can be slimmed down significantly and perhaps reference the FCC policy (including CRE). Julie may wish to retain the RMS element? 4. Putting on my efficiency review head I would be minded to be brave and dispense with the ASB policy as I am not sure what value it may now add for the reasons in point 1. 5. A CRE script can be written for ASB if required if you want a bespoke question set but THRIVE if done correctly should do the job. Either way I think the IQA process can be dispensed with as it is just a script with old technology.

Based on this, detail on FCC call handing and deployment has been merged, the detail removed from the document and simply replaced by a reference to the FCC deployment and grading policy & guidance. Para 5.5 and Stage 1 of 5.7 have also been removed. ------~~~ References to governance meetings in 9.4 changed to ASB Taskings. ------~~~ Para 11.2 removed as no longer applicable. It read: The Performance & Scrutiny Committee will receive a quarterly report on performance on a variety of aspects of antisocial behaviour. This will include the overall number of incidents and compliance with the National Standards of Incident Reporting. ------~~~ Reference to NWP Offender Management Policy in 12.4 removed and added to Section 3.

SECTION 2: TOOLS & POWERS

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Parts of Para 1.1 & 1.2 removed as superfluous. ------~~~ Under the civil injunctions: in the original, there was no differentiation between housing related and non-housing related. This has now been added. ------~~~ Under CBO applications: the original states that CBO applications should be submitted to CPS 2 days in advance of the first court hearing. This has now changed to 14 days in advance.

Contents

1. WHY IS THIS POLICY REQUIRED? ...... 4

2. WHO SHOULD USE THIS POLICY? ...... 4

3. WHAT SHOULD I CONSIDER WHEN USING THIS POLICY? ...... 4

4. ROLES AND RESPONSIBILITIES ...... 5

5. THE PROCESS ...... 6 SECTION 1 - ASB PROCEDURE ...... 6 SECTION 2 – TACTICAL TOOLS AND POWERS ...... 14

6. DECLARATION & LEGALITIES ...... 20

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1. WHY IS THIS POLICY REQUIRED?

This policy will:

1.1 Ensure a consistent and effective approach to tackling all aspects of anti-social behaviour.

1.2 Identify those who are especially vulnerable, including repeat victims, and ensure that every possible action is taken to help them.

1.3 Reduce the number of anti-social behaviour incidents.

1.4 Introduce a system that will enable the consistent assessment of the level of victims’ vulnerability.

1.5 Reduce vulnerability of victims.

1.6 Identify those individuals and groups who cause anti-social behaviour and deliver joined up services to reduce re-offending.

1.7 Increase amount of intelligence and analysis to help target offenders.

1.8 Create an effective structure to integrate the contribution of partner agencies.

1.9 Develop protocols across partnerships to help provide a shared perspective and increased accountability.

1.10 Comply with national guidelines for recording all incidents.

1.11 Raise the confidence and satisfaction of our community

2. WHO SHOULD USE THIS POLICY?

2.1 This policy should be used by all police officers and police staff, including the extended police family and those working voluntarily for North Wales Police (NWP).

2.2 This policy includes: • Guidance for patrol, Safer Neighbourhood Teams (SNTs) and Force Control Room (FCC).

3. WHAT SHOULD I CONSIDER WHEN USING THIS POLICY?

• Crime and Anti-Social Behaviour Prevention Plan. • Anti-Social Behaviour, Crime and Policing Act 2014. • NWP Offender Management Policy. • FCC deployment and grading policy & guidance. • National Standards for Incident Recording. • Home Office Anti-social Behaviour, Crime and Policing Act 2014: Reform of anti-social behaviour powers Statutory guidance for frontline professionals. • College of Policing Parts 1-6 Anti-Social Behaviour, Crime and Policing Act 2014 Aide Memoire.

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4. ROLES AND RESPONSIBILITIES

4.1.1 NWP Force Control Room To fully adhere to the FCC deployment and grading policy & guidance.

4.1.2 Attending officers to ASB To ascertain if the victim is reporting repeat incidents or incidents if they are vulnerable.

To complete the vulnerability risk assessment which must be carried out by the responding officer where there is an actual deployment to an incident.

The officer completing the assessment must endorse the OEL and provide the victim with the occurrence number too.

4.1.3 LPS officers To complete the vulnerability risk assessment which must be carried out when undertaking call backs to antisocial behaviour victims (if not already completed).

The officer completing the assessment must endorse the OEL and provide the victim with the occurrence number too.

Where hate is a motivating factor, link in with the Force Diversity officers to ensure the appropriate supportive measures and enforcement activities are put in place.

Take the lead tactical role in determining solutions to cases where there is an on-going risk to a vulnerable victim.

Where a vulnerability risk assessment has been completed, an allocated officer has a duty to take ownership to investigate using SARA principles.

Consult fully with and integrate responses to ASB with those of local partners such as the Local Authority, RSLs, the North Wales Fire and Rescue Service (NWFRS) and Victim Support.

4.1.4 Inspector Review all High Risk vulnerability cases scoring 22 and above.

Where circumstances come to light which affect the risk assessment and there reduction in risk from high to medium or lower, the decision must be endorsed on the form by an officer of at least the rank of Inspector.

At the conclusion of the investigation, the case must be reviewed by a supervisor (an Inspector for High Risk cases). This review must be in writing.

089/v2.0 Page 5 of 20 North Wales Police – Local Policing Services North Wales Police ASB POLICY 4.1.5 Sergeant Upon receipt of a completed form, it may be apparent that the initial grading needs to be reviewed. Any review must be made by a Sergeant and the fact that one has occurred must be endorsed both on the risk assessment form and the Incident log / OEL. Decreases in risk grading’s can only be made by an Inspector.

At the conclusion of the investigation, the case must be reviewed by a supervisor (an Inspector for High Risk cases). This review must be in writing.

Assess the quality of the investigation and ensure that all appropriate steps have been taken to reduce the level of risk.

4.1.6 All operational staff Pro-actively gain intelligence on individuals and groups who are committing acts of antisocial behaviour and submit it via the Force intelligence system.

Place a marker on ICAD for all medium and high risk cases.

Understand the Tactical Tools and Powers available as detailed in section 2 of this policy.

4.1.7 Senior Management Ensure that levels of antisocial behaviour are measured Teams and steps are put in place to ensure that any performance criteria are addressed on a monthly and yearly basis.

Ensure that effective protocols exist with their relevant Community Safety Partnerships detailing service level agreements to tackle antisocial behaviour both through the provision of support to individuals and the undertaking of enforcement activities against offenders.

4.1.8 Head of Local Policing Ensure that a lead officer is appointed who will track performance, ensure governance and hold to account the performance of individual LPAs on their behalf.

Ensure that antisocial behaviour is part of the Strategic Threat Assessment and that incidents are monitored via the ASB Tasking Process.

4.1.9 The Managed Response Ensure that a member of the team will contact all Unit (MRU) informants of ASB within 48 hours. If, however there is an identified threat, harm, risk or vulnerability, the MRU will place the incident an enhanced 8 hour LPS/SNT response to ensure safeguarding is in place.

5. THE PROCESS

SECTION 1 - ASB PROCEDURE

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5.1 DEFINITION

5.1.1 There are two main definitions of anti-social behaviour. The first is contained within the Crime and Disorder Act 1998 and provides the following definition:

‘Where a person has acted in a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as (the defendant)’

The second definition is used by The National Police Chiefs Council (NPCC) and was adopted in January 2011. This defines anti-social behaviour as being: ‘Behaviour by an individual or group that results in:

• Another party feeling personally threatened, • Creates a public nuisance, or • Has a detrimental impact upon the environment or has a detrimental effect upon the quality of life of an individual or the community as a whole’.

5.1.2 Both definitions are relevant to the tackling of anti-social behaviour by NWP. The statutory definition is used by Local Authorities and is the evidential standard that is used in applications for anti-social behaviour related orders. The second definition, whilst not statutory, gives a broader definition in line with research by the Home Office. Any incident that falls within scope of either definition will be treated as an incident of anti-social behaviour by NWP.

5.1.3 Linked to the above NPCC definition sit the three categories of antisocial behaviour contained within the National Standards of Incident Recording (NSIR 2011) These are: • Environmental • Nuisance • Personal

5.1.4 NWP must act to address all issues in a proportionate manner providing extra support for those identified as being most vulnerable to harm caused by anti-social behaviour.

5.2. CALL HANDLING AND DEPLOYMENT

5.2.1 NWP Force Control Room will fully adhere to the FCC deployment and grading policy & guidance when taking calls from members of the public concerning anti-social behaviour. (ASB Nuisance, Environment, Personal – Low, Med, High)

5.3 ACTIONS TAKEN AT SCENE

5.3.1 Conduct more than rudimentary high visibility patrols when responding to such calls taking steps to carry out the important first assessment.

5.3.2 Ascertain if the victim is reporting repeat incidents or if they are vulnerable (see 5.1).

5.4 ASSESSING VULNERABILITY

5.4.1 NWP have adopted the College of Policing definition of vulnerability, i.e:

089/v2.0 Page 7 of 20 North Wales Police – Local Policing Services North Wales Police ASB POLICY ‘A victim of antisocial behaviour is vulnerable if the conduct in question causes an adverse impact on their quality of life. Adverse impact includes the risk of harm; deterioration of their health, mental and or emotional wellbeing; or an inability to carry out normal day to day routine through fear and intimidation’.

5.4.2 In adherence to the Welsh Language Standards requirements, you must identify the language preference (Welsh / English) of the public we come into contact with and offer and facilitate that language choice.

5.4.3 The vulnerability assessment will determine the scale of the response by NWP.

5.4.4 The vulnerability risk assessment must either be carried out by the responding officer where there is an actual deployment to an incident or subsequently by SNT staff when they are undertaking call backs to antisocial behaviour victims.

5.4.5 Once there is an indication that the case may involve a vulnerable victim, there is a requirement to carry out a more detailed risk assessment to determine the level. Completion of the vulnerability risk assessment matrix is mandatory for all events recorded & closed as ASB Personal.

5.4.6 Staff are required to complete the risk assessment form shown in Appendix A and available via the ASB pages on the force Intranet and within the Records Management System (RMS) occurrence enquiry log (OEL).

Guidance Notes to support the Completion of a Vulnerability Assessment

‘Is this person at risk of harm due to either this incident or the cumulative effect of this or other incidents?’

Some of the factors and situations that should be taken into account in identifying people who may be vulnerable include the following:

Health and Disability • Learning disability • Physical disability or illness • Mental health needs • Drug and / or alcohol misuse

Equalities / Discrimination Factors • Gender / transgender • Sexual orientation • Ethnic background (including language) • Age • Disability • Religion / belief • Pregnancy

Economic Circumstances • Deprivation / financial concerns • Unemployment / poor education • Poor housing conditions (including geographical location)

Personal Circumstance

089/v2.0 Page 8 of 20 North Wales Police – Local Policing Services North Wales Police ASB POLICY • Considers themselves vulnerable • Social Isolation • Poor social skills • History of offending • Self-neglect • Overcrowding • Affected by antisocial behaviour

Family Circumstances • Child protection • Child in need • Child in care • Domestic abuse • Family members/carers with mental health / drug / alcohol problems • Family members/carers with a history of offending

5.4.7 Once the questions are answered, the overall level of vulnerability can be determined as Low, Medium or High risk.

5.4.8 The completed risk assessment must be incorporated within the RMS occurrence.

5.4.9 All High Risk vulnerability cases scoring 22 and above must be reviewed by the LPA Patrol Inspector.

5.4.10 The officer completing the assessment must endorse the OEL and provide the victim with the occurrence number.

5.4.11 Where circumstances come to light which affect the risk assessment, the initial assessment can be reviewed to reflect the new information. However, where the case involves a reduction in risk from high to medium or lower than the decision must be endorsed on the form by an officer of at least the rank of Inspector.

5.4.12 Hate Crime: Special emphasis must be given to hate crime incidents Staff must always be aware of this possibility, even if the victim does not state it. Where hate is a motivating factor, officers should link in with the Force Diversity officers to ensure the appropriate supportive measures and enforcement activities are put in place.

5.4.13 Third Party Reporting: Victims may not initially call NWP, opting instead to contact a partner agency. Upon receipt of a report of anti-social behaviour from a partner agency, a police risk assessment must be undertaken using the NWP risk assessment.

5.4.14 Unknown Vulnerable Victims: There will be instances where vulnerable members of the public are suffering from antisocial behaviour but do not report it. Although no set procedure can be adopted to identify these ‘unknown victims’ there is a clear duty for the police to take action to pro-actively investigate circumstances that point to the existence of such people.

5.4.15 Vulnerability and Crime Recording: There is a requirement for vulnerability to be considered when officers and staff are dealing with reports of crime that are linked to anti-social behaviour. Under such circumstances, the ASB risk assessment must be carried out.

5.5 LOCALISED OWNERSHIP

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5.5.1 LPS officers, led by the Inspector will take the lead tactical role where there is an on- going risk to a vulnerable victim.

5.5.2 Follow Ups - The Managed Response Unit (MRU) will ensure that a member of the team will contact all informants of ASB within 48 hours. If, however there is an identified threat, harm, risk or vulnerability, the MRU will place the incident an enhanced 8 hour LPS/SNT response to ensure safeguarding is in place. Refer to the FCC deployment and grading policy & guidance for further detail.

5.5.3 Following completion risk assessment form, it may be apparent that the initial grading needs to be reviewed. Any review must be made by a supervisor and that fact endorsed both on the risk assessment form and the OEL. However, where the review involves a reduction in risk from high to medium or lower, this decision must be endorsed by an Inspector.

5.5.4 Investigations: Even in cases of a ‘Low’ assessment of vulnerability, there is a requirement to undertake an investigation. The purpose of this investigation is to:

• Obtain evidence about the incident

• Locate witnesses

• Identify if any crimes have occurred and record them as required

• Determine the identity of offenders

• Take action against those identified (this may range from warnings, institution of Acceptable Behaviour Contracts (ABCs) to arrest and prosecution.

• Provide support for the victim.

5.5.5 Partner agencies provide key support mechanisms which can either directly assist victims or take action to prevent re-offending by perpetrators.

5.5.6 Enforcement: Whilst every effort must be made to support vulnerable victims, a key aim of the investigation is to take action against offenders, such as restorative approaches, prosecution for offences and utilising anti-social behaviour legislation.

5.5.7 All operational staff are encouraged to pro-actively gain intelligence on individuals and groups who are committing acts of anti-social behaviour and submit it via the Force intelligence system.

5.5.8 At the conclusion of the investigation, the case must be reviewed by a supervisor (an Inspector for High Risk cases). This review must be in writing and the reviewing officer must be satisfied that all practical steps have been taken to reduce the level of risk and the level of vulnerability.

5.5.9 These forms including any investigation notes must be treated as part of the Management of Police Information (MOPI) scheme and kept for a seven year period, or in line with any guidance issued to the contrary.

5.5.10 Icad warning markers - A key requirement for medium and high risk cases is the need to place a marker on ICAD.

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5.5.11 Problem Solving - a recognised Problem Orientated Policing model (e.g. Problem Analysis Triangle - Victim Offender Location or Scanning, Analysis, Response, Assessment (SARA) must be used when tackling protracted Repeat location / victim investigations.

5.6 CASE MANAGEMENT

5.6.1 The use of NICHE RMS is mandatory for recording and managing all Personal ASB.

5.6.2 A High Risk victim of anti-social behaviour must be treated in the same manner as the victim of a crime with the same emphasis on identification of offenders, prevention of harm and provision of support.

5.6.3 All victim contacts, statements and investigative actions taken will be endorsed on the RMS occurrence record.

5.6.4 Victims are entitled to have their details automatically passed to victims’ services by the police within 2 working days of reporting the crime to the police. Victims are also entitled to request that their details are not sent to victims’ services. Explicit consent must be sought from the Victim before sending their details to Victims’ services. The local victim service for North Wales is Victim Help Centre North Wales.

5.6.5 Supervisors are required to assess the quality of the investigation and ensure that all appropriate steps have been taken to reduce the level of risk. A guide to possible risk reducing interventions is contained within Appendix A.

5.7 LOCAL GOVERNANCE

5.7.1 There is an expectation that Local Policing Areas (LPAs) will be subject to performance management in line with the priority within the ‘North Wales Police and Crime Action Plan 2017/18’ of ‘Preventing crime and ASB’ by further enhancing our problem solving approach to repeat offenders, locations and victims of crime and anti-social behaviour’.

5.7.2 Repeat Locations: There can be instances where despite the level of repeat incidents there is little or no effect on the vulnerability of individuals, such as on-going environmental anti-social behaviour in a local park. Whilst these anti-social behaviour hot spots will be affecting the quality of life of the local residents and park users there may no direct impact on any one individual’s vulnerability.

5.7.3 Repeat Victims: There are instances where an individual makes frequent complaints of anti-social behaviour without actually being defined as being vulnerable, such as a regular caller complaining about youths on motorbikes driving through an estate.

5.8 LOCAL POLICING GOVERNANCE

5.8.1 Each LPA is responsible for the tackling of anti-social behaviour within its geographic area.

5.8.2 The Head of Local Policing should ensure that a lead officer is appointed who will track performance, ensure governance and hold to account the performance of individual LPAs on their behalf.

5.8.3 This process must ensure that the following items are addressed:

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• Hold ASB Tasking meetings to track performance and put in place solutions.

• Develop strategic working relationships between the Local Authority and other partners. These key partners are to be invited to governance meetings.

• All High Risk vulnerability cases scoring 22 and above must be reviewed by the LPA Patrol Inspector.

• Best practice is spread across the Force and intelligence is used to track offenders who cross boundaries between Counties.

5.8.4 Local Policing Services must ensure that anti-social behaviour is part of the Strategic Threat Assessment and that incidents are monitored via the ASB Tasking Process.

5.9 FORCE GOVERNANCE

5.9.1 The Assistant is the strategic lead for anti-social behaviour. The Force will hold each LPA accountable in these areas and ensure that any Force targets for anti-social behaviour incidents are dis-aggregated in an appropriate manner.

5.9.2 This accountability will be demonstrated, where applicable through the following: • NPCC Thematic Reviews of Crime and ASB. • NPCC Departmental Reviews. • An agreed performance framework (Qualitative & Quantitative). • Force Operations Committee.

5.9.3 The Force will ensure that best practice is disseminated to operational staff.

5.10 POLICE & CRIME COMMISSIONER (PCC) GOVERNANCE

5.10.1 The PCC will hold the Chief Constable to account for the overall levels of anti-social behaviour and ensure that measures are in place to protect vulnerable victims and target offenders.

5.10.2 The Chief Constable’s Annual Report will detail annual performance and highlight key actions taken to tackle anti-social behaviour.

5.11 WORKING IN PARTNERSHIP

5.11.1 Officers should consult fully with partners and relevant Local Authority ASB Units. The role of the retail sector is also important as many anti-social behaviour problems revolve around shops. Where the illegal sale of alcohol is an issue, staff must work closely with licensing teams and the local Trading Standards department.

5.11.2 High Risk vulnerable cases must consider multi-agency solutions.

5.11.3 Senior Management Teams should ensure that effective protocols exist with their relevant Community Safety Partnerships (CSP) detailing service level agreements to tackle anti-social behaviour Any sharing of information must comply with the Data Protection Act. The Crime & Disorder Act will cover the ad hoc sharing of information. If however, the sharing of personal information is a regular occurrence (such as weekly

089/v2.0 Page 12 of 20 North Wales Police – Local Policing Services North Wales Police ASB POLICY meetings with CSP to discuss individuals) then WASPI ISPs should be developed by each Local Policing Area with their local CSP.

5.12 RISK ASSESSMENT

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SECTION 2 – TACTICAL TOOLS AND POWERS

5.13 LOCAL WORKING ARRANGEMENTS

5.13.1 The purpose of Community Safety Partnerships is to bring together the main public organisations within a local authority area in order to tackle the major issues for that area including ASB. In North Wales there are currently four Community Safety Partnerships: , , & , and Ynys Môn.

5.13.2 The legislation places the main responsibility for tackling ASB on the Police and Local Authority, and has placed a responsibility upon those organisations to consult with each other when action is being proposed.

5.13.3 Before attempting to compile a file of evidence, consult a practitioner, police or local authority, to ensure that you have every chance of success.

5.13.4 The Anti-Social Behaviour, Crime and Policing Act 2014 details the powers to deal with antisocial behaviour:

1) Civil Injunctions 2) Criminal Behaviour Orders (CBO) 3) Community Protection Notices (CPN) 4) Public Spaces Protection Orders (PSPO) 5) Closure Notices and Closure Orders and 6) Dispersal Powers.

5.14 TOOLS AND POWERS

5.14.1 The following is a description of the more commonly used tools and powers available to the police and local authority. Some people will see this as being an incremental approach in relation to challenging behaviour. It is not; it’s all about using the most appropriate intervention to address the behaviour concerned. If a Civil Injunction or CBO is required, then a Civil Injunction or CBO can be applied for without having to send out warning letters or the use of an acceptable behaviour contract. There is a huge difference between these tools, and again it must be emphasised that staff are encouraged to speak with a practitioner from their local area to obtain an experts views.

5.15 VERBAL ADVICE, YELLOW CARDS AND WARNING LETTERS

5.15.1 The purpose of the verbal or yellow card/written warning is to give advice and warn of the consequences of continuing to act anti socially. The delivery of both a verbal and yellow card/written warning is admissible evidence in court and needs to be recorded. Verbal advice can be recorded on an ICAD Log/RMS occurrence or pocket notebook.

5.15.2 Warning letters can be written in conjunction with your Local ASB Unit and if they are in social housing, with the landlord. If a person acts anti socially in the vicinity of their house, they will probably be in breach of a tenancy agreement, which can ultimately lead to eviction.

5.15.3 A yellow card can be issued when officers have evidence of antisocial behaviour and the actions are not serious enough to warrant arrest or issue a PND. A yellow card will also be issued when alcohol is confiscated from a juvenile.

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5.15.4 Yellow Card Procedure Juveniles • If evidence of antisocial behaviour or alcohol confiscated from a juvenile issue yellow card to offender. • Complete and submit YOF 8. • ASB Co-ordinator on receipt of YOF 8 will send ASB warning letter to parents of juvenile offender.

5.15.5 Yellow Card Procedure Adults • If evidence of antisocial behaviour by an adult issue yellow card to offender. • DO NOT complete a YOF 8 but send e-mail with details to ASB Co-ordinator. • ASB Co-ordinator will then send ASB warning letter to adult offender.

5.16 ACCEPTABLE BEHAVIOUR CONTRACTS

5.16.1 An ABC is a written agreement between a person who has been involved in antisocial behaviour and one or more local agencies whose role it is to prevent such behaviour. They are more commonly used for young people who are not yet in the criminal justice system, but can be used for adults. This is a voluntary agreement and is therefore not enforceable in court. It is however evidence that the agencies have tried to address the behaviour by other means and the fact that an ABC has been signed (or refused) will be used as evidence for any other type of antisocial behaviour related court action.

5.16.2 If a person does breach the acceptable behaviour contract it does not mean automatically that a Civil Injunction or CBO can be applied for. The behaviour can again be challenged.

5.17 CIVIL INJUNCTIONS

5.17.1 This is a civil order designed to regulate behaviour: • prohibiting the person from doing anything prescribed within the injunction and • if need be, requiring the person to engage in positive requirements.

5.17.2 Breach of a Civil Injunction will not be a criminal offence but will require criminal standard of proof. The rules of evidence are those of civil courts and additional benefit is that hearsay evidence can be used. A person is brought to court by way of serving a summons and the obtaining of a Civil Injunction is not a criminal conviction.

5.17.3 There are two limbs to prove in court to successfully obtain a Civil Injunction and it must be pointed out that the burden is to the civil standard of proof (on the balance of probabilities).

5.17.4 The test is that on the balance of probabilities: • Behaviour caused, or was likely to cause, harassment, alarm or distress (non- housing related ASB) to any person; or • Conduct capable of causing nuisance or annoyance (housing-related ASB) to any person; and • The court considers it is just and convenient to grant the injunction to prevent the person engaging in ASB

5.17.5 Advice should be sought from you’re ASB Co-Ordinator to ascertain if any proposed application would overcome any hurdles.

089/v2.0 Page 15 of 20 North Wales Police – Local Policing Services North Wales Police ASB POLICY 5.17.6 The terms of an order can be for a fixed or indefinite period for adults and no more than 12 months for juveniles. The conditions must relate to the acts in the evidence, must be reasonable and proportionate based on the evidence contained in the application. The prohibitions must be in terms which make it easy for the defendant, the court, and for the police to determine if a person has breached in order to successfully prosecute.

5.17.7 Common prohibitions are those of non-association, areas, trespassing, possessing certain items, intoxicating liquor, dogs, quad bikes, approaching or communicating with witnesses and abusive and threatening behaviour. Any behaviour can be addressed as long as there is evidence and there is a justification for prohibiting it.

5.17.8 Civil Injunctions are useful for addressing an individual’s behaviour, but perhaps have their greatest impact when making multi applications involving a number of people who are acting in concert. A joint application can wipe out the group in one go, which the community will notice straight away.

5.17.9 These injunctions are issued in the County Court, and if breached any arrest is made by the police and the person is then placed before the County Court within 24 hours. Local arrangements are in place if this occurs over a weekend or public holiday.

5.17.10 The terms of a Civil Injunction are found on the PNC and a copy of the actual order can be located on RMS.

5.18 CBOs

5.18.1 The evidence required for a CBO is the same as a Civil Injunction, the only difference being the process by which it is applied for, which is after conviction for a criminal offence.

5.18.2 This tool is more useful when dealing with the behaviour based around an individual, and not group behaviours. They are the simpler based applications and the more complex files should be considered via the Civil Injunction route.

5.18.3 If the police wish to apply for a CBO, the reporting officer needs to first consult with his/her Local Police ASB Co-Ordinator to ensure no other type of action is being considered. Once this has been done, they need to notify the Crown Prosecution Service that there is intention to apply for a CBO by endorsing the MG5 on the prosecution file. The ASB Co-Ordinator is responsible for preparing the CBO Application which will include an MG11 impact statement on a word document (completed by Reporting Officer (RO) or other designated officer), any other impact statements, CPR 50 and previous convictions of offender. The file of evidence is then forwarded electronically via Criminal Justice IT (CJIT) to the CPS via the Case Assessors.

5.18.4 For the application to progress there needs to be a finding of guilt and consideration should be given to the likelihood of obtaining a conviction.

5.18.5 As a person can plead guilty at first court appearance there are very strict timescales that need to be adhered to when using this process. The CBO Application needs to be submitted at least 14 days before first court appearance of offender unless an offender is remanded in custody to appear in court.

5.18.6 The Force has agreed a local protocol with the Crown Prosecution Service and Her Majesty’s Court Services that outlines the process and also the timescales involved.

089/v2.0 Page 16 of 20 North Wales Police – Local Policing Services North Wales Police ASB POLICY 5.18.7 The prohibitions and positive requirements are the same as the Civil Injunction. For adults the minimum period for an order is 2 years and can be indefinite. For a juvenile under 18 it must be for a fixed period not less than 1 year and not more than 3 years. Any breach of the order is a criminal offence.

5.18.8 The terms of any order are found on the PNC, and a copy of the order can be found on RMS.

5.19 COMMUNITY PROTECTION NOTICE (CPN)

5.19.1 The purpose of a CPN is to stop a person aged 16 or over, business or organisation committing antisocial behaviour which spoils the community’s quality of life.

5.19.2 A CPN can only be issued if the behaviour is: • Having a detrimental effect on the quality of life of those in the locality • Persistent or continuing in nature and • Unreasonable

5.19.3 If you believe you have evidence of behaviour that warrants a CPN then consult with your local police ASB Co-Ordinator. Following this, if the matter further action, a CPN Warning Letter will be issued informing the offender of the problem behaviour, requesting them to stop, and the consequences of continuing. If behaviour continues then a CPN Notice will be issued. Breach of a CPN Notice is a criminal offence and can be dealt with by a Fixed Penalty Notice or summons to court. The FPN is a council FPN and all income goes to the council. The ASB Co-Ordinator will manage the process.

5.20 PUBLIC SPACES PROTECTION ORDER (PSPO)

5.20.1 The PSPO is designed to stop individuals or groups committing antisocial behaviour in a public space. Councils are responsible for issuing PSPOs after consultation with the police, the PCC and other relevant bodies.

5.20.2 The behaviour being restricted by a PSPO has to: • Be having, or be likely to have, a detrimental effect on the quality of life of those in the locality • Be persistent or continuing in nature and • Be unreasonable.

5.20.3 Local Authorities will be responsible for making new PSPOs and it is likely that initial discussions around the feasibility of new PSPOs will take place at multi-agency ASB Tasking meetings.

Once initial discussions have taken place, data showing the volume of ASB incidents in the specified over the past 3 years area should be provided. This will normally be Police recorded incidents produced by an Analyst. The volume of incidents is required as an evidence base to justify the implementation of a PSPO. There may also be complaints from other members of the public who did not report incidents to the Police at the time. Local Authority data should also be included and will form part of the evidence base.

Staff from Community Safety Teams in the Police and Local Authority, together with any other interested parties, will meet to discuss possible conditions to include in the PSPO. Once these proposed conditions have been agreed, it will be the responsibility of Local Authority staff to approach their legal department in order for the conditions to be

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Once agreed by the Local Authority, Police and other interested partner agencies, it is best practice that the PSPO goes to a public consultation.

Once approved and finalised, the PSPO will be implemented by the Local Authority. A PSPO may not have effect for a period of more than 3 years, unless it is extended under section 60 of the ASB, Crime and Policing Act 2014.

Enforcement will be carried out by authorised staff from the Local Authority and Police. Breach of a PSPO is a criminal offence and can be dealt with by issuing a Fixed Penalty Notice, report for summons or arrest (police officer only) if necessary. The FPN is a council FPN and all income goes to the council.

5.21 CLOSURE POWERS – CLOSURE NOTICE AND CLOSURE ORDER

5.21.1 The purpose is to allow the police or council to quickly close premises which are being used, or likely to be used, to commit nuisance or disorder. This is a civil process and the burden of proof is based on the civil level, the ‘balance of probability.’

5.21.2 This tool allows the police to close premises for 3 months in the first instance, and can close up to 6 months, based on the circumstances outlined above.

5.21.3 A police Inspector can authorise the closure of a premises for 24 hours which can be extended to 48 hours by a Superintendent and the test is;

5.21.4 The following has occurred, or will occur, if the closure power is not used:

Closure Notice (up to 48 hours) • Nuisance to the public or • Disorder near those premises

Closure Order (up to 6 months) • Disorderly, offensive or criminal behaviour • Serious nuisance to the public or • Disorder near the premises

5.21.5 A Closure Notice is useful to deal with imminent problems or as they are occurring but is not a long term solution and can be issued out of court in the first instance.

5.21.6 Flowing from this the Closure Order can be applied for through the courts. A higher threshold is needed to apply for a Closure Order. Once a decision has been made by the local police to apply for a Closure Order close liaison needs to take place with the Force Solicitor’s Department. Best practice is to gather all evidence before closing a premises because you will have to apply for a Closure Order within 48 hours of initially closing the premises so the Force Solicitor will need the file in readiness for the court hearing.

5.21.7 A Closure Order is seen as a last resort and the evidence will need to show that other remedies have been tried or considered, and not been successful. Joint working with landlords, housing associations etc. will need to be shown. This is a civil process and is based on the civil burden of proof, i.e. the ‘balance of probability.’

089/v2.0 Page 18 of 20 North Wales Police – Local Policing Services North Wales Police ASB POLICY 5.21.8 The process again involves evidence gathering, consultation with the Local Authority, submission of the file to the solicitors of whichever agency is taking lead action, serving of a closure notice on interested parties at the property and then applying to the court.

5.21.9 This tool is very useful when dealing with a problem family or problem tenants. The evidence is based around the problems related to the premises, the people in them and the problems they cause in the nearby area.

***All Closure Notice authorities must be completed by an Inspector/Chief Inspector and Superintendent on the Force’s SHAREPOINT System as follows:

• Access Police Website – Local Policing Services – 24/7 Patrol Inspectors – Internal Documents (on right of screen) – click on Inspectors Closure Form (24 hours) – complete. • If Superintendent authorises 48 hours then click on Supt Closure Form - complete***

Link to Inspectors Closure Form

Link to Superintendent Closure Form

5.22 DISPERSAL POWERS

5.22.1 The dispersal power can be used when: • There is likely to be ASB, crime or disorder in the area and it may be necessary to use the dispersal power and • An Inspector authorises officers to use the dispersal power for a period up to 48 hours.

5.22.2 There are conditions before this dispersal power can be used, namely the behaviour of the person in the locality has contributed or is likely to contribute to: • Members of the public in the locality being harassed, alarmed or distressed or • The occurrence in the locality of crime or disorder and • The direction is necessary to reduce the likelihood of the ASB, crime and disorder.

***All Dispersal authorities must be completed by an Inspector or above on the Force’s SHAREPOINT System as follows:

Rationale

• Access Police Website – Local Policing Services – 24/7 Patrol Inspectors – Internal Documents (on right of screen) – click on Inspector Dispersal Form – complete.***

Link to Inspectors Dispersal Forms

5.22.3 Dispersal powers should be given consideration as a tool for PSUs at football matches. Dispersal Authorities can be issued if there is likely to be ASB/disorder at matches.

5.23 RESTRAINING ORDERS

5.23.1 Restraining Orders can be made on conviction or acquittal for any criminal offence. The guiding principle is that there must be a need for the order to protect a person or persons. These orders are intended to be preventative and protective.

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5.23.2 Restraining Orders are therefore likely to be appropriate in cases where the defendant and the victim are known to each other (whatever the charge) and where there is a continuing risk to the victim of further harassment.

5.23.3 Applications are again made via the CPS and notification is made by completing the form MG13. Prohibitions will generally be based around not contacting specific people, and not to enter a specific building or road

5.24 TOOLS AND POWERS AVAILABLE ONLY TO PARTNERS

5.24.1 There are a number of tools and powers available to our partners, especially those who act in a landlord capacity. These powers are not available to the police, however in most instances when these tools are being considered police evidence will have been considered and obtained under the Data Protection Act and Information Sharing Agreements. All tenancy agreements will have a clause, which states that, neither the tenant, nor any person of that household will cause antisocial behaviour.

5.24.2 RSLs have powers under various Housing Acts in which they can introduce a process whereby they can seek possession of a property for breach of tenancy.

6. DECLARATION & LEGALITIES

6.1 In line with all Force policies, the overarching purpose of this document is to directly support the PCC police and crime plan objectives. Overall the intention of this policy is to provide a safer North Wales.

6.2 In the writing of this policy cognisance has been taken of the college of policing code of ethics (2014).

6.3 NWP policies will be written in accordance with the approved corporate format and published on the Force Intranet, allowing access to staff and public, where appropriate, on the pages of the public facing Internet site under the Force publication scheme and Freedom of Information Act 2000.

6.4 The following main legal requirements have been identified within this policy: • Equality Act 2010 • Human Rights Act 1998 • The Welsh Language Measure (Wales) 2011 and the Welsh Language Standards • Data Protection Act 1998 • Freedom of Information Act 2000 • Health and Safety Act 1974

6.5 This policy has been written giving due regard to the above legislation and has considered the risk of unfair and/or disproportionate impacts on individuals or groups (actual or perceived) and has done so via an equality impact assessment (EIA).

6.6 New legislative requirements or changes in Force structure may necessitate a review of this policy document.

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