15. Memorandum submitted by the Crown
Prosecution Service
1. SUMMARY
1.1 This paper outlines the work of the
CPS Anti-social Behaviour Project, which was set up in April 2004
and is funded by the Home Office. A key element of the Project
is the appointment of Anti-social Behaviour Expert Prosecutors
in 12 hotspot Areas around the country. Annex A [not printed]
shows the names of the ASB experts and the geographical areas
that they cover.
1.2 The aim of the Project is to help make
communities safer—through creating a Service-wide framework,
within which CPS improves its performance in reducing anti-social
behaviour and is able to demonstrate it in a way that can inspire
greater confidence from the public. The Attorney General formally
launched the project on 22 April 2004 when the 12 Experts were
announced.
2. BACKGROUND
2.1 Following the publication of the Government's
White Paper, the CPS initiated discussions with the Home Office
which culminating in an agreement to create a cadre of 12 ASB
expert prosecutors to lead its response to tackling anti-social
behaviour. The Home Office Anti-Social Behaviour Unit (ASBU) pledged
to fund these posts for two years. A 13th ASB expert, funded by
the CPS, was announced in early August 2004, and has now taken
up his post. In addition, all other CPS Areas have nominated ASB
co-ordinators, who carry out similar functions as the 13 ASB experts
but are not dedicated to the work on a full time basis but carry
responsibility for prosecuting other offences.
2.2 The project has a strong operational
focus, enabling the CPS to provide the tools required by practitioners
to tackle anti-social behaviour effectively, and has wide inter-agency
representation (including members of the Home Office, the Attorney
General's Chambers, and Department of Constitutional Affairs)
to ensure that the legislation on ASBO is utilised effectively
in tackling ASB. The project has also been identified as a key
strategic project by the CPS Board. In addition, the Government
confirmed in the National Policing Plan 2004-07 that tackling
anti-social behaviour and public disorder was a key priority for
the Government.
2.3 The ASB expert prosecutors are engaging
proactively with local communities to combat low-level crimes,
and a key part of the general service that the CPS provides is
now specifically focused on delivery to victims of anti-social
behaviour.
2.4 The ASB expert prosecutors are making
applications for orders on conviction to ensure that anti-social
behaviour is reduced, and are adducing a wider range of evidence
in support of their applications—prosecuting is not solely
about obtaining just convictions for past misconduct as their
role now goes beyond that by looking at how communities can be
protected from misconduct in the future.
2.5 The experts are at the forefront of
local community engagement, attending and addressing meetings
with members of the public who have been suffering from anti-social
behaviour and listening and responding to the points that are
being made. Meetings also prove to be a valuable opportunity for
prosecutors to explain to the public how the CPS works and for
the public to be reassured that the Crown Prosecution Service's
new powers under the Anti-Social Behaviour Act are being used
effectively for the benefit of the communities.
2.6 Traditionally, the role of the CPS prosecutor
has been to prosecute cases fairly and effectively, applying the
Code for Crown Prosecutors to bring more offences to justice.
With the reform of the criminal justice system in recent years,
the role of the prosecutor is developing. It now includes reducing
offending and engaging proactively with local communities in combating
low-level crimes.
2.7 The CPS is enhancing and developing
this role, which will enable prosecutors to play a more active
role in the sentencing process than hitherto. We propose that
prosecutors will remind the courts of their sentencing powers
including powers to make ancillary orders such as ASBOs and guideline
cases, and ensure that the victim's views are placed before the
court at the sentencing stage (including any impact of the crime
on the community as a whole). This in turn, should lead to in
increase in public confidence and the criminal justice system
as a whole. It will also bring more offenders to justice.
2.8 The particular aims and objectives of
the project have been agreed by the project partners and endorsed
by the Government, namely:
— To give full effect to the new provisions
in the Anti-Social Behaviour Act 2003, to provide guidance on
its new provisions and on decisions to apply for orders on conviction,
and to identify the evidence required to pursue an order and the
types of conditions to be sought.
— To establish the Anti-social Behaviour
Expert Prosecutors to guide and assist all relevant prosecution
team (CPS and Police) practitioners to use post-conviction orders
so that anti-social behaviour is reduced.
— To consult staff within the CPS and
partners in the criminal justice system to develop a national
training package to train CPS Prosecutors on the changes in the
law and best practice as to how it should be implemented.
— To assist areas in the preparation
of local protocols with the police and local authorities in relation
to adducing further evidence in support of applications for orders
on conviction, and to develop local protocols to determine when
it will be appropriate for each agency to apply for an order and
which agency should prosecute breaches.
— To improve CPS performance in tackling
anti-social behaviour and inter-agency working at a local level,
and foster local multi-agency partnerships that successfully tackle
anti-social behaviour within a developing community engagement
strategy.
3. PROJECT MILESTONES
3.1 The following project milestones have
been achieved to date:
— March 2004: Central Anti-social
Behaviour team in post;
— March 2004: Further bid for SR
2004 drafted and submitted;
— April 2004: 12 Anti-social
Behaviour Experts in post;
— April 2004: Project Working
Groups established;
— April 2004: First trance
of Guidance issued;
— June 2004: Performance Management
Measures formulated;
— June 2004: Action plans
for 12 ASB expert prosecutors agreed
— Aug 2004: 13 Anti-social
Behaviour Expert appointed;
— Aug 2004: Second trance
of Guidance issued;
— Aug 2004: Model protocol
finalised;
— Sept 2004: National training
package developed.
3.2 Work is currently being undertaken to
develop milestones for the second year of the project in conjunction
with our trilateral partners in the Home Office and Department
of Constitutional Affairs.
4. ANTI-SOCIAL
BEHAVIOUR EXPERTS
4.1 The 13 ASB expert prosecutors have been
tasked with the following:
(i) Prosecution of ASB cases
— Prosecuting cases involving ASB at
the Magistrates court on a regular basis and seeking ASB orders
on conviction where appropriate, testing the boundaries of the
provisions, and ensuring that they are used in a proportionate
manner.
— Advising on the drafting, evidential
package and delivery of individual post-conviction ASBO applications,
and presenting high-profile or complex applications personally
before the relevant Courts.
(ii) Development of Local Protocols
— Liaising with local agencies to develop
a protocol for ASB by encompassing guidance on what criteria should
be used to assess whether an application is made, what liaison
is necessary with other agencies and local communities, how such
an application should be made before a Court and which agency
should prosecute breaches.
(iii) Training
— To work with the central project
team to develop guidance and training, and play an active role
in delivering this at a local level, and to cascade the training
package to other CPS Areas.
— To provide advice to prosecutors
within their locality, and share best practice nationally, via
the central project team.
— To identify and nominate a lawyer
in each Criminal Justice Unit/Trial Unit to become the Unit's
Anti-social Behaviour Co-ordinator, with responsibility for being
the lead lawyer for anti-social behaviour cases.
— To develop and deliver a training
programme to those nominated lawyers to familiarise them with
ASB protocol.
(iv) Liaison with other CPS areas and other
agencies
— To liaise with CPS ASB specialists
in other CPS areas to encourage information sharing and an exchange
of ideas to develop good practice nationwide.
— To facilitate inter-agency communication
in local forums and conduct inter-agency liaison at area level.
— To compile and maintain a directory
of individuals with responsibility for ASBOs in each CPS Unit,
Local Authority and Police (Borough) Division
— To establish links with Crime Reduction
Partnerships and identify and target local persistent low-level
crime.
— To engage with local communities
so as to obtain an understanding of ASB issues of local concern
and to target prosecution of such offences, including applying
for ASBO on convictions.
4.2 All prosecutors will be able to learn
from the ASB Experts so that, in time, they will be able to approach
anti-social behaviour orders on conviction with confidence; know
when they are appropriate; know the best way to secure them; and
know how to obtain effective orders and prosecute breaches.
4.3 The ASB Expert prosecutors have been
active in establishing inter-agency relationships with their local
CJS to enforce the new legislation to its maximum effect. Prime
examples of such multi-agency work include:
— Kent, West Midlands: Holding joint
training courses for CPS prosecutors, Police, British Transport
Police and court legal advisors.
— London: Arranging pan-London multi-agency
training with Met Police ASBO Unit.
— Lancashire, Merseyside, Greater Manchester:
Training all new police recruits on ASBOs.
— South Yorkshire, West Mercia, Merseyside:
Drafting and agreeing inter-agency protocols in conjunction with
local Police and Courts.
— South Wales, Kent, South Yorkshire:
Attending local partnership meetings and giving presentations
to CDRP, Local Authority and Community Safety partnership agencies.
— South Yorkshire; Avon & Somerset,
Northumbria: Giving presentations to Crown Court User Groups,
local Judiciary, YOTs, local Law Society.
— Lancashire, London: Liaising on specific
police operations to tackle town centre violence, prostitution
and anti-social behaviour caused by excessive consumption of alcohol.
— Greater Manchester, West Midlands:
Piloting ASB Response Courts with local Magistrates Courts (see
7. below).
— South Wales: Developing national
information campaign and school packages for primary/secondary
schools with Welsh Assembly.
— Avon & Somerset, Northumbria,
Lancashire: Attending meetings of local Community Projects, Housing
Consortiums, CDRPs.
— Lancashire, Northumbria, London:
Addressing local residents meetings, local business' meetings
and primary/secondary schools to explain role of the ASB expert
in the community.
5. FUTURE WORK
5.1 Two working groups have been set up
to consider guidance on applications for orders on conviction
and prosecution of breaches of orders, to develop a national training
package and to develop local protocols with the police and local
authorities. The Working Groups are chaired by Chief Crown Prosecutors
and members include ASB expert prosecutors, Unit Heads, representatives
from Police Solicitors, British Transport Police, Local Authority
Solicitors and the Department of Constitutional Affairs.
5.2 The Training and Guidance Working Group
has been designing a national training course aimed at equipping
prosecutors with sufficient knowledge to effectively conduct applications
for ASBOs on conviction and prosecute breach proceedings. Desktop
guidance has been sent to all prosecutors, informing them of existing
and anticipated law and amending and updating existing legal guidance.
This will enable them to apply a fair and consistent approach
to the review of applications for ASBOs on conviction, to identify
the evidence required to support an application, the type of prohibitions
to be sought, and how to effectively prosecute subsequent breaches.
5.3 The Protocol Working Group has drawn
up a national protocol, which can be adapted to local circumstances,
which will explain how the CPS, Police and Local Authorities can
best combine their skills and resources when applying for ASBOs
and prosecuting breaches and to help local areas to draft their
own protocols. Joined-up working is not new to prosecutors, and
in youth services in particular, prosecutors have worked with
other agencies for years. There will need to be strong local partnerships
to bring the protocols to life.
6. GUIDANCE
6.1 Comprehensive guidance to all CPS prosecutors
and caseworkers was distributed on 12 April and is available on
line. It provides guidance on the amendments that have been made
to Section 1C of the Crime and Disorder Act 1998 by the Anti-social
Behaviour Act 2003, which provides CPS prosecutors with the power
to apply for Orders on Conviction.
6.2 A condensed desktop guidance package
to all prosecutors and caseworkers was distributed on 3 August.
This provides bullet point guidance on how to apply for a post-conviction
ASBO, flow charts to illustrate the correct procedure, and annexes
giving examples of conditions and forms to be used.
7. ASB RESPONSE
COURTS
7.1 Following information that the Lord
Chancellor was keen to pilot ASB "sessions" in Magistrates'
Courts, a meeting was held with the Department of Constitutional
Affairs and the Home Office to establish the practicalities of
arranging such sessions and to obtain agreement from the various
agencies who would be involved. As a result of this, all parties
agreed that, rather than holding separate ASB court "sessions"
(which were impracticable for listing purposes), ASB "Response
Courts" would initially be set up in 3 pilot areas (Manchester,
Birmingham and Sheffield). These have proved to be successful
and are to be extended.
7.2 The idea of ASB Response courts (ASBRC)
is that the ASB expert prosecutors assist the courts by ensuring
that suitable cases are highlighted, and that the court is made
aware of the nature of the anti-social behaviour and the impact
that this type of behaviour has on the community. It is a matter
for the courts in consultation with other local practitioners
to decide how best to meet local needs. The core principles of
ASB Response Courts are:
— The Approach: When a case is identified
as an ASB case (as determined by local arrangements), the court
will indicate that it is now sitting as an ASBRC thus signalling
that it will take a serious view of the matter before it. The
court should take every effort to avoid delay and should be quick
to respond to the circumstances of the case. The court should
refrain from adjourning or splitting the hearing of an ASBO application,
or making an ASBO in the absence of defendants.
— Specialist Sessions: Where local
practitioners identify the need for a specialist sitting, for
example, when there is a cluster of ASB cases, the police target
a particular location or type of anti-social behaviour, or where
there is a lengthy hearing on an ASB case (eg the defendant challenges
the making of an ASBO), the court is expected to consider convening
a specialist ASB session.
8. CONCLUSION
8.1 The CPS has made progress since the
project was set up in April 2004 to a point where the new legislation
is being used most effectively. It has embarked upon new and innovative
ways of working with local communities and agencies to bring about
a culture shift in the way in which anti-social behaviour is being
tackled.
8.2 The ASB expert prosecutors have already
carried out much valuable joint agency work and have written the
protocols and training courses, using their front line expertise
in consultation with other CJS practitioners from the police and
local authority.
8.3 The CPS will aim to give full effect
to the new provisions of the Anti-social Behaviour Act 2003 and
foster local multi-agency partnerships that successfully tackle
anti-social behaviour within a developing community engagement
strategy, thereby contributing to a reduction in crime and fear
of crime, and increasing public confidence in the criminal justice
system.
19 September 2004
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