ASB Training Providers

CLG mandatory power of possession consultation

ASB Training Providers — Thu, 11 Aug 2011 20:49:43 +0000

Communities and Local Government have published a consultation on the new mandatory power of possession for anti-social behaviour.

CLG Consultation

The deadline for responses is 5pm on Thursday 27 October 2011.

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Quick Guide to Gang Injunctions

ASB Training Providers — Thu, 11 Aug 2011 20:17:11 +0000

ASB Training Providers: QUICK GUIDE to Gang Injunctions

(Please consult the statutory guidance for more in depth advice)

Police and Crime Act 2009 Gang injunctions

The Policing and Crime Act 2009 contains provision for injunctions to prevent gang-related violence to be sought against an individual. (currently for aged 18 and over)

(2011 update: The Crime and Security Act 2010 contains provision for breach of an injunction to be enforced against 14–17 year olds: injunctions to address gang-related violence for 14-17 year olds are currently being piloted)

What are gang injunctions?

A civil order granted in the county court or the High Court.

Unless the court to which an application has been made orders otherwise, a ‘with notice’ application for an injunction or any other hearing requiring the respondent’s attendance must be heard at one of the following county courts: (a) Birmingham (b) Bradford (c) Bristol (d) Cardiff (e) Croydon (f) Leicester (g) Liverpool (h) Manchester (i) Newcastle (j) Nottingham (k) Peterborough (l) Portsmouth (m) Preston (n) Sheffield (o) West London.

These court centres were identified by HM Court Service (HMCS) as offering some of the security facilities and special measures necessary to hear cases involving potentially violent individuals.

What is the aim of the gang injunction?

To prevent the individual from engaging in, or encouraging or assisting, gang-related violence;

and/or

To protect the individual from gang-related violence

Who can apply for a gang injunction?

Police (including British Transport Police)

Local Authorities

How gang is related violence defined?

“Violence or a threat of violence which occurs in the course of, or is otherwise related to, the activities of a group that:

a) consists of at least 3 people;

b) uses a name, emblem or colour or has any other characteristic that enables its members to be identified by others as a group; and

c) is associated with a particular area.”

(The definition is intentionally broad)

Is consultation with other agencies required?

Yes

Gang injunctions should be based upon and supported by multi-agency partnership working.

A with notice application requires consultation with the relevant agencies

This requirement means the applicant must consult any local authority, chief police officer, and other body or individual that that the applicant thinks it is appropriate to consult.

Other agencies include;

YOTS (when the individual has recently turned 18 and has had previous involvement with these services)

Probation services;

Social housing provider.

Applicants should also ensure that they consult the CPS to discuss any potential parallel criminal proceedings, to ensure the impact of one set of proceedings is considered in relation to the other, and to ensure a clear understanding of the rules of disclosure in relation to both proceedings and the consequences of adducing evidence.

A without notice application does not require consultation.

(if the court decides to adjourn the hearing, the applicant will need to meet the consultation requirement before the date of the first full hearing.)

What type of evidence can be used?

direct evidence from witnesses (witness statements);

hearsay evidence from community members and/or police officer

documentary evidence;

statements from professional witnesses (for example council officials or health professionals) or other expert evidence;

photographic, video or CCTV evidence, screen captures of gang members’ internet pages;

previous relevant arrests or convictions;

items seized during searches, such as clothing which identifies an individual with a particular gang, letters to other members, etc.

What standard of proof is required?

The civil standard of proof is required (balance of probabilities)

(As this is the civil standard of proof, rather than the criminal standard of proof (beyond reasonable doubt), applicants will need to provide evidence that it is more likely than not that the respondent has engaged in, or has encouraged or assisted, gang-related violence. Applicants should remember that the standard of proof for proving a contempt of court (i.e. that the respondent has breached a condition of the injunction) is ‘beyond reasonable doubt’.)

What is the minimum/maximum length of the order?

There is no minimum length of the order but prohibitions within the order cannot last for more than two years.

What sort of prohibitions can be used?

Non Association

Exclusion

Wearing gang colours

Being in control of a dog in a public place

*Positive requirements can be made within the order such as anger management classes.

For your Asb training needs contact us

ASB Training Providers Gang Injunctions

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Changes to Housing Law & ASB

ASB Training Providers — Mon, 28 Feb 2011 20:44:12 +0000

On 11th January 2011 Grant Shapps announced plans to implement a new mandatory ground for possession where tenants have perpetrated anti social behaviour and had a detrimental impact on others, this will provide a swifter solution than existing law on possession.

Housing providers may welcome this but should take heed that unless other asb tools and powers are used in conjunction with this proposed power the perpetrators can still move into private accommodation around the corner from the original victims.

The CLG press announcement can be read in full here;

CLG Press announcement

In other housing news the Respect Standard for Housing Management is to be revamped and renamed. This will be dealt with exclusively by Charterd Institute for Housing see the press release here;

Chartered Institute of Housing & ASB

ASB Training providers provide comprehensive and practical asb training for social housing providers which will inform every day working practices contact us to discuss your training needs.

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Police Accountability

ASB Training Providers — Mon, 28 Feb 2011 20:02:22 +0000

One of the biggest challenges facing the police in the next few years is to deal with anti social behaviour more effectively. The HMIC report of Spring 2010 highlighted a lack of understanding of the harm that anti social behaviour can do to victims and communities.

One of the most significant difficulties the police have is trying to make sense of whether they are being asked to deal with a crime or anti social behaviour. The modules designed for the police by ASB Training Providers capture the essence of this difficult decision. A real life case study is used to demonstrate how the wrong decision in the initial assessment of an individual can lead to the wrong outcome for the victim and the wider community.

The Police Reform and Social Responsibility Bill has begun its passage through Parliament making the police service more accountable to local people by replacing police authorities with directly elected police and crime commissioners to be introduced from May 2012.

Learn how to deal with anti social behaviour effectively and how to make the right decisions at the right time.

Is this a crime or is it anti social behaviour?

Who is the real victim ?

How vulnerable are they?

What is the impact on the wider community?

How can this situation be managed?

Whether the public are going to be more informed about anti social behaviour in the future is irrelevent, what matters is that the police are going to be more accountable so make that difference now contact us to discuss your training needs.

Watch this short film which demonstrates how anti social behaviour can be misinterpreted. It’s a good example of how the victims of anti social behaviour can be made to feel by the people who are there to protect them.

HMIC anti social behaviour short film

Police Reform & Social Responsibility Bill

ASB Training Providers — Mon, 07 Feb 2011 19:53:21 +0000

The Police Reform & Social Responsibility Bill is on its journey through Parliament.

The bill focuses on police accountability and will introduce Police & Crime Commissioners in 2012.

replaces police authorities with directly elected Police and Crime Commissioners, with the aim of improving police accountability
amends and supplements the Licensing Act 2003 with the intention of ‘rebalancing’ it in favour of local authorities, the police and local communities

Check its progress here Police Reform & Social Responsibility Bill

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Gang Injunctions

ASB Training Providers — Mon, 07 Feb 2011 19:25:48 +0000

Statutory guidance for Gang Injunctions Statutory Guidance Gang Injunctions Dec 2010

Local authorities and police forces are required by the 2009 Act to ‘have regard’ to this guidance and any subsequent revisions. It is good practice for other local partners to have read this document before contributing to the application process.

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ASB Tools & Powers

ASB Training Providers — Mon, 07 Feb 2011 17:57:59 +0000

Since 1998 a myriad of asb tools and powers have been introduced. The amount of asb tools and powers available to practitioners can be confusing. However, in real and practical terms they are interchangeable and appropriate at different stages and different levels of anti social behaviour. Maximising the full potential of all the tools and powers is dependant on good partnership working with your colleagues.

ASB Training Provider courses are tailored to your specific agency such as police and housing practitioners but one of the key elements to achieving successful outcomes when using them is to have a good knowledge of what your partners can also do, this is addressed in all the current ASB Training Provider courses. Having the confidence to speak out at a partnership meeting to put the responsibility onto the agency with the relevant powers is the first step to breaking down the barriers to good partnership working.

This timeline is not exhaustive and some powers have been left out purposefully. ASB tools & powers are set to change after the Home Office ASB review in early 2011 and many of the powers may be streamlined under one court order to provide community protection. Importantly, the legislative changes will not commence until 2012 and this list gives a good indication of the different tools and powers available to asb practitioners today.

If you want to learn more about asb tools and powers contact us

Crime and Disorder Act 1998
	Section 1 Anti social behaviour orders
	Section 5 Crime and Disorder Strategy (CDRPs)
	Section 8 Parenting Orders
	Section 11 Child Safety Orders
	Section 14 Local Child Curfew Schemes
	Section 16 Removal of truants to designated premises
	Section 17 Duty to consider crime and disorder implications.
	Section 39 Youth Offending Teams
	Section 41 Youth Justice Board
	Section 115 Power to Disclose

Criminal Justice and Police Act 2001
	Section 1 Penalty Notices for Disorder
	Section 12 Designated Public Place Orders
	Section 17 Closure of Licensed Premises
	Section 19 Closure of unlicensed premises
	Section 29 Confiscation of alcohol from young people
	Section 30 Sale of alcohol to person under 18
	Section 39 Intimidation of witnesses.

Police Reform Act 2002
	Section 40 Community Safety Accreditation Schemes.
	Section 50 Persons acting in an anti social manner power to request name and address
	Section 59 Vehicles used in a manner causing alarm,,distress,annoyance.
	Section 60 Retention of vehicles
	Section 61 Amendments to Crime and Disorder Act 98 ASBOs
	Section 63 Orders in the county court
	Section 64 Orders on conviction
	Section 65 Interim Orders
	Section 97 Crime and Disorder Reduction Partnerships Amendment to C&D Act 98

Anti social Behaviour Act 2003
	Section 1 Closure of premises
	Section 12 Landlords Policy and Procedures
	Section 13 Injunctions against anti social behaviour
	Section 14 Security of tenure:Demotion
	Section 16 Proceedings for possession anti social behaviour
	Section 18 Parenting Order amendments
	Section 19 Parenting Contracts
	Section 20 Parenting orders exclusion from school
	Section 23 Penalty notices Parents/truancy
	Section 25 Parenting contracts criminal conviction/asb
	Section 26 Parenting orders criminal conviction/asb
	Section 30 Dispersal
	Section 40 Closure of noisy premises LA
	Section 42 Amendment to Noise Act 1996
	Section 43 Penalty notice for graffiti and flyposting
	Section 48 Graffiti removal notices
	Section 53 Advertisements amendment to Town and Country Planning Act 1990
	Section 54 Sale of aerosol paint to children
	Section 60 Power to remove trespassers
	Section 65 High Hedges
	Section 91 Proceedings under s222 LGA
Licensing Act 2003
	Section 51 Application to review a licence
	Section 140-143 Drunkeness and disorderly conduct
	Section 145 -154 Children and alcohol
	Section 155 Confiscation of alcohol
	Section 160 -171 Closure of premises disorderly conduct



Criminal Justice Act 2003	Section 322 Individual Support Orders

Housing Act 2004
	Section 79 Selective Licensing
	Section 101 Interim and Final Management Orders
	Section 132 Empty Dwelling Management Orders
	Section 191 Withholding consent to mutual exchange
	Section 192 Suspension of Right to Buy
	Section 219 Disclosure of Information to RSLs

Drugs Act 2005	Section 20 Drug Intervention Orders
	Schedule 1 para 7 power of entry to serve closure notice
Clean Neighbourhoods and Environment Act 2005
	Section 1 Crime and Disorder Reduction strategies
	Section 2 Gating Orders
	Section 3-9 Nuisance parking
	Section10 Abandoned vehicles
	Section 18 Litter
	Section 55 Dog Control Orders
	Section 101 statutory nuisance insects
Serious Organised Crime and Police Act 2005
	Section 139 Orders about anti social behaviour
	Section 140 Variation and discharge of ASBOs
	Section 141 ASBOs reporting restrictions
	Section 142 Contracting out LA functions relating to ASB
	Schedule 10 Parental Compensation Orders
Violent Crime Reduction Act 2006
	Section 1 Drink Banning Orders (commencement Summer 2009)
	Section 27 Directions to Leave (alcohol)
Police and Criminal Justice Act 2006
	Section 19-22 Crime and Disorder
	Section 23-25 Parenting Contracts
	Section26 ASB Injunctions
Criminal Justice and Immigration Act 2008
	Section 118 Premises Closure Orders
	Schedule 27 part 8 33 Review of ASBOs & 34 amendments to ISOs

Housing and Regeneration Act 2008
	Section 297 Family Intervention Tenancies

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Welcome

ASB Training Providers — Wed, 26 Jan 2011 15:06:30 +0000

ASB Training Providers are unique in that they address the training needs of all the agencies tackling anti-social behaviour with specifically targeted asb training modules for individual agencies and community groups: housing, local authority, neighbourhood wardens, police and of course community.

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ASB Review

ASB Training Providers — Mon, 24 Jan 2011 15:01:58 +0000

The Home Office have published a consultation document ‘More effective responses to anti social behaviour’ this is an opportunity for asb practitioners and the public to have their say. The consultation will be open for 3 months and the outcome will see changes made to legislation in October 2011.

Key proposals

To repeal ASBOs and ASB Injunctions and replace them with two new orders, the Criminal Behaviour Order and the Crime Prevention Order.
To replace Premises Closure Orders, Crack house Closure Orders, Dog Control Orders, Gating Orders and DPPOs with a level 2 Community Protection Orders (level 2 being the more serious)
To replace Dispersal Orders and s27 Directions to leave with a Police Direction Order.
To combine Litter clearing notices, Noise abatement notices and Defacement removal notices with a level 1 Community Protection Order.

There are proposals to introduce a community trigger to promote greater accountability of agencies tackling anti social behaviour.

To view ‘More effective responses to anti social behaviour’ click the link below

asb-consultation-document

To view Home Office press release click here Home Office

The current asb tools and powers should still be used where appropriate, if you require training or advice on any aspect of the asb review or asb tools and powers contact us and we will be happy to help.