Wednesday, May 30, 2012

Victims of anti-social behaviour should not be forced to suffer in silence

New powers to tackle anti-social behaviour which have been announced by Home Secretary Theresa May come just weeks after she saw first-hand the aftermath of such incidents on Harlow’s Berecroft estate.

The Home Secretary saw how the community had rallied round following vandalism on the estate, with the rebuilding of a vandalised youth shelter, and met local residents who were working with the local police community support officers to make the area a better place to live.

The government has now published new plans to ensure victims of anti-social behaviour should have crimes they report acted on immediately.

Complex red tape will be trimmed to give police and other local agencies relevant, lasting and efficient powers to crack down on problems.

Official figures from HMIC show 68 per cent of people reporting anti-social behaviour to police have done so more than once, usually regarding the same problem.

It was also found that some people don’t bother to report incidents as they have little faith in anything being done.

Local police and other agencies will be given a set of six new fast and flexible powers to make the message clear: anti-social behaviour will not be tolerated.

For the first time, victims who feel their problems are not being taken seriously enough will have the right to force action through a newly-introduced Community Trigger.

Anti-social behaviour can blight the lives of hard working people who play by the rules. But this crime often goes unreported because the existing measures to deal with it simply don't work.

The new powers announced by the government sweep away the failed measures of the past and at last give our local police and agencies the tools they need to stamp out antisocial behaviour for good.

Home Secretary Theresa May said: “It’s time to put victims first. That’s what this government will do. Our new plans aim to give victims the chance to have their problem dealt with immediately.
“We will slash the confusing and cumbersome legislation that leaves victims without a voice and police and other agencies without the ability to really tackle the problem.
“Police and local agencies will now have clarity and the powers to come down hard on those who inflict anti-social behaviour on others.”

The government will publish a draft bill for scrutiny by Parliament.

Victims and frontline practitioners will be involved in shaping the new legislation which will replace ten years of confusing and complex legislation.

The White Paper builds on the reforms already underway to fundamentally change the way crime and disorder is dealt with and the relationship between the public, the police and local and central government.

The introduction of directly-elected Police and Crime Commissioners (PCCs) later this year and the publication of local crime data online, including ASB, is making policing more accountable and responsive to local concerns.

The HMIC report is available online at http://www.hmic.gov.uk/programmes/anti-social-behaviour/

Other elements of the new powers are:

• Criminal Behaviour Order – can be used in more circumstances than the ASBO as it will have a simpler test (meaning agencies won’t have to re-prove past anti-social behaviour).
It can be used to target the most seriously anti-social individuals and will aim not only to stop existing ASB but also change behaviour as it will include positive requirements which can be used to prevent re-offending, another departure from the ASBO. Breach would be a criminal offence with a maximum sentence of up to five years in prison.

• Crime Prevention Injunction - will replace five existing powers. As a purely civil injunction it will be faster to use than the ASBO, can be used at an earlier stage and secured using the civil standard of proof.
Breach would be contempt of court and carry serious penalties including custody.
Police officers and other professionals will also be able to give evidence on behalf of the community which protects vulnerable witnesses. It will improve the ASB Injunction by broadening the range of agencies who can apply for an injunction (the police and councils, but also, for example, NHS Protect who deal with ASB against hospital staff) and could be used in a wider range of circumstances (for example against nightmare neighbours in the private rented sector).

• Community Protection Notice – issued to an individual to deal with a wide range of problems affecting quality of life in a community e.g. a front garden being used as a dumping ground.

• Community Protection Order (Public Space) - a flexible local authority power (in consultation with the police and Police and Crime Commissioner) to put in place local restrictions to address a range of anti-social behaviour and prevent future problems. It marks a clear difference between the old system of a separate power for every situation, to a new system which emphasizes local discretion and flexibility.

• Community Protection Order (Closure) - would simplify existing powers to close particular premises that are a constant focus for severe anti-social behaviour, making the lives of those nearby a misery.

• Directions Power – will consolidate existing police dispersal powers into a single, less bureaucratic power, removing the need for the police to designate a specific‘dispersal zone’ in advance.This will mean the police can deal quickly with emerging trouble before it gets out of control or the behaviour starts to affect victims and communities seriously.

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