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Anti-social behaviour and nuisance 

 

How do I report ASB?

If you need to report any anti-social behaviour use our online form.

 

Alternatively you can report non-emergency crime through Crime Stoppers.

 

If the antisocial behaviour is serious enough to make you fear for your safety or the safety of others, you should contact the police directly, in situations of mortal danger 999 should be called, in all others instances you should call Maidstone Police on 01622 690 690.

 

When you report an incident to police it is very important that you request a reference number. This will identify your call and the incident you are reporting and can be used to address the scale of the problem. The more calls made in an area by those who are being affected will mean that more resources will be tasked to the area to tackle the problem.

 

 

Gathering evidence

To make a case against anyone accused of anti-social behaviour there must be strong evidence.

 

The first step in this is to record the incidents, to do this we can provide you with an Incident Diary so you can record the details of the behaviour as it happens.  The police may become involved depending on the circumstances and severity of the problem.

 

If you are a victim or witness of anti-social behaviour and are frightened to give evidence for fear of reprisals, you can give evidence but remain anonymous.  This type of evidence is called hearsay.

 

A police officer or other professional witness, such as a council official, health worker, teacher or doctor can also give evidence in court on behalf of a vulnerable witness.

 

How the offending behaviour will be challenged

Anti-social behaviour can be challenged using a wide range of 'interventions'.  Some of the most effective interventions are those that directly engage the individual and lead them to change their own behaviour.

 

The range of interventions include:

  • Warning letters and interviews
  • Contracts and agreements (for example Acceptable Behaviour Agreements/Contracts (ABCs/ABAs) and Parenting Contracts)
  • Fixed penalty notices (FPNs) and penalty notices for disorder (PNDs)
  • Parenting orders, Individual Support Orders (ISOs), Noise Abatement Notices (NANs),
  • Injunctions (ASBIs), dispersal powers and Antisocial Behaviour Orders(ASBOs).
  • Demoted tenancies, ‘crack house’ closure orders.
  • Possession proceedings against a tenant.

Government initiatives to tackling ASB

In October 2003 the Government launched the Together campaign to support local agencies and residents to tackle antisocial behaviour in their communities.

In January 2006 the Government also launched the Respect Action Plan  which aims to deepen the governments current drive to clamp-down on antisocial behaviour and address a wider culture of public disrespect.

 

The Prolific and Priority Offenders Scheme

It is estimated that out of a million active offenders, 100,000 offenders have 3 or more convictions and are responsible for half of all crime. The active offender population is not static, 20,000 individuals leave this pool every year and are replaced by another 20,000 offenders. The most active 5,000 of this group are estimated to be responsible for one in ten offences and on 30th March 2004, the Prime Minister announced an end to end strategy to address this group of offenders.

 

The strategy has three complementary parts:

  • Prevent and Deter - to stop people (overwhelmingly young people) engaging in offending behaviours and graduating into prolific offenders;
  • Catch and Convict - actively tackling those who are already prolific offenders; and
  • Rehabilitate and Resettle - working with identified prolific offenders to stop their offending by offering a range of supportive interventions. Offenders will be offered the opportunity for rehabilitation or face a very swift return to the courts.

The new strategy builds on the work done under the existing persistent offender scheme and will replace it. The new strategy allows local areas to identify and select offenders using specific selection criteria.

The new strategy will be Crime and Disorder Reduction Partnership (CDRP) led, with schemes set up to cover every CDRP in the country. The emphasis will be on a multi-agency approach towards tackling the problem, with Police, CPS, Prisons and Probation working together, with LCJB coordination, to effectively catch, convict, monitor and manage these offenders in the community or custody and work towards rehabilitating them.

 

Section 17 of The Crime & Disorder Act 1998

Section 17 of the Crime and Disorder Act 1998 states that, "without prejudice to any other obligation imposed upon it, it shall be the duty of each authority to exercise its various functions with due regard to the likely effect of the exercise of those functions on, and the need to do all that it reasonably can to prevent, crime and disorder in its area."

 

It applies to a local authority, a joint authority, a police authority, a National Park authority and the Broads authority. Therefore, the Act requires local authorities and others to consider crime and disorder reduction while exercising all of their duties. This reflects the reality that there are crime and/or disorder implications in decisions made across the full range of local authority services, and to correct the current situation under which these implications are often not recognised at the time decisions are taken, with expensive consequences.

Section 17 reinforces the requirement for mainstreaming preventative work. Crime Concern has produced two very useful documents which include good process and practice for local authorities implementing Section 17, both are available to download below.

 

Review of partnership provisions of the Crime and Disorder Act 1998 (January 2006)

A review of the partnership provisions of the Crime and Disorder Act 1998 was carried out by the Home Office, the Local Government Association, the Association of Chief Police Officers and the Association of Police Authorities between November 2004 and January 2005.

The review concluded that Section 17 is still immensely relevant but that the time has come formally to broaden it's definition to require agencies to also take account of anti-social behaviour, behaviour adversely affecting the environment and substance misuse. In addition, the Home Secretary intends to take a power to add to the list of agencies to which section 17 applies by means of secondary legislation.

The review still supports a localised approach but has underlined, during the past eight years it has become apparent that there is a need for a set of standards that clearly sets out what is expected of each partnership and the roles and responsibilities of the individual partners. National standards will establish a consistent approach to partnership working across all CDRPs/CSPs in England and Wales. Compliance with these national standards will be compulsory and will cover a range of key issues which have been addressed in these findings.




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