House of Commons - Welsh Affairs

Select Committee on Welsh Affairs Written Evidence

2. Written evidence from Dyfed-Powys Police

INQUIRY INTO THE POLICE SERVICE, CRIME AND ANTI-SOCIAL BEHAVIOUR IN WALES

1. INTRODUCTION

1.1 This paper has been prepared for consideration by the Welsh Affairs Select Committee to assist in its inquiry into the police service, crime and anti-social behaviour in Wales.

1.2 This written submission will be supplemented by oral evidence to be given to the Committee by the Chief constable of Dyfed-Powys Police on 20 October, 2004.

1.3 Dyfed-Powys Police is pleased to participate in the Welsh Affairs Select Committee inquiry into this important area of business which is central to policing, partnership and community activity.

2. CONTEXTUAL BACKGROUND

2.1 General

2.1.1. Dyfed-Powys Police Force covers an area of 10,956 kilometres square, representing over 50% of the total area of Wales, and serves a population of 488,268.

2.1.2. The current total number of Police Officers with the Force stands at 1,172, and the number of Police Staff at 509.[1]

2.1.3 The Force is divided into four Basic Command Units (BCUs). By far the largest in terms of area is Powys BCU (5,196 Km2), while the greatest population density is found within Carmarthenshire BCU—72 people per square kilometre (compared with 69 per Km2 in Pembrokeshire BCU, 42 per Km2 in Ceredigion BCU and 24 per Km2 in Powys BCU).

2.1.4 Within Dyfed-Powys, the coalescence of BCU and Local Unitary Authority boundaries in 2001 has facilitated the establishment of Community Safety Partnerships (CSPs),[2] which incorporate Force BCUs, local authorities (LAs) and other statutory and voluntary agencies, as directed through legislation contained in the Crime and Disorder Act 1998.

2.1.5 In developing strategies and actions to deal with Anti-Social Behaviour (ASB), Home Office (HO) Guidance emphasises the need for Police Forces to work within local CSP frameworks.

2.1.6 Responses from public consultation carried out within the Force area reflect consistent levels of local concern regarding issues connected with ASB, and as such, reinforce the formal requirement set out within the National Policing Plan (NPP) 2004-07 that Police Forces establish tackling ASB as a key priority.

2.1.7 Within the Force, as nationally, ASB is nothing new; Historically, calls from members of the public reporting incidents of ASB were recorded upon the Force command and control system under a variety of classifications which did not indicate the specific nature of the incident involved—for example "Crime-Disturbance" and "Miscellaneous-Other". Moreover, until the advent of the National Crime Recording Standards (NCRS) in April 2002, many ASB—related incidents were not recorded upon the Force Crime System at all, and the full extent of the problem was virtually impossible to quantify.

2.2 Definition of ASB

2.2.1 The definition generally adopted by Police Forces and Community Safety Partnership (CSP) nationally is that given in the Crime and Disorder Act 1998:

2.2.2 "[Acting] 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]".

2.2.3 This widespread usage of what is essentially a non-specific description reflects the inherent difficulties which prevent the formulation of a comprehensive and consistent definition of what constitutes ASB,[3] and also reflects the subjective nature of the way in which the problem is perceived by individual members of the public, depending upon their age, circumstances and disposition.

2.2.4 This is borne out by the multitude of definitions of ASB elicited from members of the public during consultation, both nationally and within the Force area—for example, a sample of responses from the Carmarthenshire Citizens' Panel May 2004 Survey provided the following definitions:[4]

— "Any act or behaviour that impinges on another's way of life, making them feel unsafe or fearful in their own community/area".

— Disruption to the community—behaviour that draws disgust and dissatisfaction from the majority of community residents.

— People going out of their way to cause mayhem and disturbance.

— Dangerous behaviour frightening others, causing disturbance or distress.

— Someone who gives cause for concern ie drunk, intimidating behaviour, knocking on doors at night etc.

— Behaviour creating tension and agitation to the public.

— Something making you feel unsafe in your home.

— Harassment at home by petty crooks and cheats.

2.2.5 Within National and local plans and guidance, ASB is commonly linked by definition with "Youth Nuisance", "Disorder", Violent Crime and "Drink-related Disorder". Within Dyfed-Powys Police Force, 73% of the 15 Anti-Social Behaviour Orders (ASBOs) currently recorded have been issued for drink-related disorder.

2.2.6 For the purposes of recording incidents (from a policing perspective), most definitions of ASB involve some overlap with other categories of incident. For example, domestic violence will become anti-social when it is linked to noise nuisance which affects the neighbours, while youths throwing stones through windows can be classed both as Criminal Damage and as "A (ASB)-Nuisance".

2.2.7 This overlap is graphically represented within the Dyfed-Powys Force "Safer Communities" diagrammatic summary of policing priorities, which positions various elements of ASB within a range of groupings of core policing services, emphasising the fact that ASB cannot be viewed as a distinct entity, but encompasses a wide variety of behaviour types, and must therefore be regarded and treated accordingly.

2.3 MEASURES AVAILABLE TO TACKLE ASB

2.3.1 The range of measures currently available to Police Forces and partnerships to tackle ASB represents a raft of deterrents and penalties which may be combined and tailored to suit the wide range of behaviour types which they seek to address.

2.3.2 Measures available to Police Officers include:

— Anti-Social Behaviour Orders (ASBOs) (Crime and Disorder Act 1998). These may be applied for either in isolation ("stand-alone") in Magistrates Courts as a civil proceeding, in County Courts during related proceedings, or in Magistrates Court in conjunction with convictions for other offences ("Fast-Track ASBOs", or "Criminal ASBOs/CRASBOs")

— Acceptable Behaviour Contracts (ABCs). Voluntary contracts which are drawn up between the individual involved in ASB, parents/guardians, Police Officers dealing with the case, members of the local Youth Offending Team (YOT) and other agencies involved in dealing with such behaviour, eg Local Authority/ Registered Social Landlords, Schools and health services.

— Penalty Notices for Disorder (PNDs) (Sections 1-11 Criminal Justice and Police Act 2001).

— Penalty Notices for Truancy (Section 23: Anti-Social Behaviour Act 2003).

— Power to enforce restrictions against anti-social public drinking, following designation of an area by Senior Police Officers in agreement with the LA for that purpose. (Sections 12-16 Criminal Justice and Police Act 2001).

— Power of closure of premises where drugs are being used ("Crack Houses"). (Sections 1-11: Anti-Social Behaviour Act 2003)

— Power to arrest individuals carrying air weapons or imitation firearms in a public place. (Section 37: Anti-Social Behaviour Act 2003)

— Power of seizure of vehicles driven in an anti-social manner (Section 59: Police Reform Act 2002).

— Increased powers to disperse "rave" gatherings and remove trespassers (Sections 57 and 58 of the Anti-Social Behaviour Act 2003).

2.3.3 Thus, in individual cases, ABCs may be employed as a first response, to be followed if required by ASBOs.

2.3.4 Where ASB stems from larger groups congregating in a particular area, dispersal orders may be obtained, and individuals under the age of 16 may be escorted home by a police officer. In the case of alcohol-related disorder, PNDs may be issued and/or alcohol may be confiscated, following the designation of the area as an alcohol-free zone by the LA.

2.3.5 As is to be expected, in view of the pace with which the Government is driving the national campaign to tackle ASB, a concentration of new measures available to Police Forces and Partnerships in dealing with the problem have been introduced within a relatively short space of time, rendering it difficult for them to be assimilated within Force Policy and Practice.

2.4 Dyfed-Powys Force: Measures Employed

Anti Social Behaviour Orders (ASBOs)

2.4.1 Data provided by the Force Management Information Unit (MIU) for the period April to June 2004[6] shows the number of ASBOs issued and breached by BCU to stand as follows:

BCU No ASBOs Issued
No ASBOs Breached

Carmarthenshire 3
0

Ceredigion 3
1

Pembrokeshire 9
3

Powys 1
0

Penalty Notices for Disorder (PNDs)

2.4.2 Information provided by the Central Ticket Office within the Criminal Justice Unit indicates that since their introduction within the Force (01/07/2004) 66 PNDs have been issued within the Force to date (20/08/2004).

2.4.3 Due to a current national problem in respect of issuing PNDs on the street for a recordable offence, which would require DNA and Fingerprints to be taken, PNDs for such offences can only be issued to offenders in custody. The Force is currently awaiting guidance from the Home Office regarding this matter.

2.4.4 Figures for PNDs issued within Dyfed-Powys broken down by BCU, and by penalty tier—(£80 or £40 depending upon the offence), stand as follows:

BCU Total PNDs
£80
£40

Carmarthenshire 28
9
19

Ceredigion 4
3
1

Pembrokeshire 22
14
8

Powys 12
5
7

Acceptable Behaviour Contracts (ABCs)

2.4.5 The number of ABCs which have been drawn up within the Force is currently unknown but they have been used within all BCUs since 2003, often as a precursor to applying for ASBOs, with an apparent high initial success rate in preventing problem behaviour.[7]

2.4.6 Procedure which will be adopted within all BCUs with regard to collation of figures for ABCs stands as follows: once the ASB Co-ordinators are in place (see p. 9 for further details), it will be the responsibility of the Officer in the case (OIC) involved in drawing up the contract in conjunction with partner agencies to provide details to the Co-ordinator within each BCU. Figures will be recorded by the Co-ordinators and shared with the Force MIU.

Current procedure stands as follows:

2.4.7 Carmarthenshire: Figures are collated by an Inspector within Llanelli Section, who has in fact initiated and drawn up most of the ABCs that currently exist within the BCU. This officer heads an embryonic ASB Unit within the BCU, which has been unable to develop due to lack of time and resources.

There are currently approximately 16-18 ABCs within the BCU, most of them drawn up with individuals within Llanelli Section.

2.4.8 Ceredigion: Figures will be collated by the ASB Co-ordinator, from information taken from the OIC/partners, as described above. There are currently no ABCs within the BCU, as far as is known.[8]

2.4.9 Pembrokeshire: Figures should be recorded within the Community Safety Department and also by the BCU Crime Analyst. In addition, all stations should maintain files of local ABCs, although the BCU Crime Analyst reported that this was not always the case. The Analyst has recently collated figures of ABCs (and ASBOs currently within the BCU, but reported great difficulties in obtaining the information; the postholder had to go through each Section to find details.

2.4.10 There are 14 ABCs within the North Section of the BCU (Haverfordwest and Milford Haven)—current as at 21/07/2004. There are no ABCs within the South Section (Pembroke Dock).

2.4.11 Powys: There is currently no-one within the BCU tasked with collating figures for ABCs. Officers questioned stated that they were aware of the existence of current ABCs within the BCU, but were unable to identify where information relating to these would be located.

2.4.12 Other examples of use of ASB measures include:

— Section 59 of the Police Reform Act 2002—power of seizure of vehicles which are being driven in an anti-social manner has been used by officers—for example during Operation Grand Prix 2, devised to deal with groups of "boy racers" congregating in Tesco car park in Pembroke Dock.

— Designation of an area as an alcohol-free zone, under Sections 12-16 of the Criminal Justice and police Act 2001, has been applied for in Aberystwyth Town Centre in order to tackle ASB problems associated with street drinking and vagrancy. Officers will have the power to confiscate alcohol within this area.

3. FORCE STRUCTURES AND PERSONNEL INVOLVED IN TACKLING ASB

The Force approach to tackling ASB needs to be viewed in an holistic way which takes into account not only the work carried out at different levels within the organisation, but also strategy development and action undertaken within the framework of CSP working, and the way in which tackling ASB is incorporated into and supported by the framework of the National Intelligence Model (NIM).

The following sections will describe the position within Dyfed-Powys Police Force as a whole. Details specific to the four BCUs are contained within Appendices A-D, to which references will be made where relevant.

3.1 Dyfed-Powys Police Force

3.1.1 There is currently no ASB Unit within the Force; a Unit was started, run by a Section Inspector (Carmarthenshire), but was unable to be maintained and resourced due to other demands within the BCU.

3.1.2 Tackling ASB forms part of the portfolio of the Chief Inspector currently based within the Community Safety Department, Headquarters,[9] who has recently taken on the role of ASB lead for Dyfed-Powys Police Force. The Community Safety Department, HQ includes among its responsibilities in relation to ASB:

— Development of policies and procedures to ensure a corporate approach,

— Identification and dissemination of National Best Practice,

— Acting as a point of contact for the Welsh Assembly Government (WAG) and Anti-Social Behaviour Unit (ASBU) within the HO, and

— Consultation with Community Safety Partners and other statutory and voluntary organisations in order to identify, develop and support effective joint and individual initiatives.

3.1.3 Although directed operationally by the BCU Commanders, the Community Safety departments within the BCUs link in with Community Safety HQ as regards requesting guidance in relation to ASB legislation and practice, together with other issues connected with community safety.

3.1.4 In addition, it is intended, once the Superintendent Community Safety HQ is in place, to set up Force Community Safety Officer Conferences, which would take place at least quarterly, and provide a forum in which Officers from all BCUs could discuss ASB-related issues and share best practice.

3.1.5 The Force acts to tackle ASB through a range of measures which can be classified under the following headings:

— Prevention eg Use of high visibility policing, including deployment of Special Constables and Police Community Support Officers (PCSOs) on local beats as a deterrent, and targeted patrol.

— Early Intervention eg Issue of Early Intervention Warnings, issue of, and monitoring of compliance with, ABCs.

— Enforcement eg Taking the lead in applying for the issue of ASBOs and prosecuting breaches of Order conditions, issuing PNDs and confiscating alcohol within designated areas.

3.1.6 The extensive range of measures available Police Officers in tackling ASB necessarily involves a corresponding breadth of involvement at all levels from within the Force. Examples include:

— Senior Command Teams, in setting BCU Control Strategies relating to tackling ASB.

— Chief Inspectors and Inspectors, in monitoring adherence with strategy, and acting as first points of contact with CSPs, both generally, and in cases where ASBOs are being sought. Inspectors also approve and co-ordinate applications for ASBOs which come from within the Force.

— BCU Crime Analysts, in creating profiles of specific types of ASB to inform planning, and in producing Tactical Assessments, which include analysis of incidents and monitoring of performance in relation to local ASB problems.

— Local Beat Officers, in acting as a visible deterrent, and providing intelligence regarding levels of ASB and local "hotspots", which they feed back to Tactical Tasking and Co-ordination Group (TT&CG) meetings at Section level, as per reporting structures introduced through the NIM.

— BCU Licencing Officers, who identify and monitor licenced premises where ASB is a problem, and work with CSPs to "designate" areas where alcohol-induced ASB is a particular problem.

— Community Safety Officers at BCU level, in working to secure funding via CSPs to support initiatives designed to tackle ASB.

— School Liaison Officers, in delivering the Dyfed-Powys Police Core Schools Liaison Programme, of which education regarding issues connected with ASB forms a key element. The Force Control Strategy specifies that utilising these officers to communicate with key age groups within the community will form a key prevention measure in tackling ASB.

— Local Beat Managers (LBMs), in effectively liaising with members of the public on their beat, in gathering intelligence, and in reassuring the local community that action is being taken to tackle ASB.

— The Force Press Office, based within the Community Safety Department HQ, who release information publicising measures carried out by the Force to tackle ASB to the local media.

— The Force Legal Advisor, in providing legal guidance in support of Force applications for issue of ASBOs.

3.1.7 Some of the responsibilities listed will be performed in tandem with the ASB Co-ordinators who are currently being appointed by CSPs within each BCU—for example, the identification and dissemination of best practice, securing funding, and acting as a point of contact for WAG and the ASBU within the HO.

3.2.0 Partnership working

3.2.1 The Crime and Disorder Act 1998 contains the requirement for Police Forces to work in partnership with LAs and other agencies in setting and implementing strategies aimed at achieving reductions in crime and disorder.

3.2.2 To this end Dyfed-Powys Force works within a partnership framework which includes both local CSPs and other statutory and voluntary agencies.

3.2.3 Each BCU includes within its area a CSP comprised of what, under the Crime and Disorder Act 1998, are defined as "Responsible Authorities". These are:

— Dyfed-Powys Police Force.

— Dyfed-Powys Police Authority.

— Mid and West Wales Fire Service.

— Local Authorities.

— Local Health Groups.

3.2.4 In addition to this core membership, the Force works to tackle ASB in conjunction with a wide range of organisations and agencies, likewise defined as "Co-operating Bodies" and "Invitees to Participate".

3.2.5 The scope and composition of local partnerships vary between each BCU,[10] but membership typically includes the local YOT, the National Probation Service, the Crown Prosecution Service, Local Drug and Alcohol Action Teams and local Trading Standards departments.

3.2.6 In line with the HO recommendation that each CSP appoint a lead person accountable for ASB-related work, and with the provision of funding[11] for each CSP for this purpose, Carmarthenshire and Ceredigion CSPs have appointed ASB Co-ordinators. At the time of writing, Pembrokeshire and Powys CSPs expect to have their Co-ordinators in place in the near future.

3.2.7 Ceredigion CSP is also due to appoint an ASB Project Officer,[12] who will based with the ASB Co-ordinator within the County Council, and whose duties will include enforcement of measures to tackle ASB.

3.2.8 Please refer to Annex G (p.69) for role profiles.

3.2.9 As members of these partnerships, Police Officers within Dyfed-Powys Force regularly attend CSP meetings—for example, the main strategic CSP meetings, held quarterly or bi-monthly, which are attended by the BCU Commander, and smaller operational group meetings, which are attended by Inspectors who are involved with the respective operations, and Force Community Safety Officers.

3.2.10 Meeting structures and typical Officer attendance varies between BCUs—refer to Appendices A-D (5) for details relating to each CSP.

3.3.0 National Intelligence Model (NIM)

3.3.1 The NIM is used within Dyfed-Powys Police Force to support action against ASB at local level—ie Level 1—within the three-tier structure. In accordance with the dynamics of the model, action, intelligence and results relating to ASB are involved in a mutually informative process which feeds into every stage of the model, and includes involvement of officers and police staff at all levels.

3.3.2 Details of how action and intelligence relating to ASB is incorporated into the NIM structure are represented in Annex F (p 67).

4. IDENTIFICATION OF PURPOSES OF TACKLING ANTI-SOCIAL BEHAVIOUR

The main purposes of tackling ASB by Dyfed-Powys Police Force are as follows:

4.1 Fulfillment of Government and Legislative Requirement

4.1.1 Under the terms of the Police Reform Act 2002, the Government is required to produce a National Policing Plan in which it sets out key strategic priorities for the Police Service over a rolling three-year period. Chief Officers and Police Authorities are required by this same Act to have regard to these key priorities in preparing and issuing their Annual Policing Plans and local three-year Strategy Plans.

4.1.2 Contained in the NPP 2004-07 are five elements which are to constitute the key strategic priorities for each Force for the next three years:

— Providing a citizen focused service to the public.

— Tackling anti-social behaviour and disorder.

— Reducing burglary, vehicle crime, robbery and drug-related crime.

— Combating serious and organised crime.

— Narrowing the justice gap by increasing the number of offences brought to justice.

4.2 Dyfed-Powys Police Authority Annual Policing Plan 2004-05

4.2.1 In accordance with legislative requirement, the plan has set as one of its four priorities: "To continue to tackle anti-social behaviour in its various forms during 2004-05, closely monitoring the use of anti-social behaviour orders (ASBOs) and Acceptable Behaviour Contracts (ABCs) as part of this process." It aims to do this through:

— Identification of ASB "hotspots".

— Identification of accompanying trends in offences of criminal damage.

— Improvement of CCTV coverage and street lighting in problem areas.

— Proactive use of ASBOs and ABCs.

— Use of high visibility patrols in problem areas.

— Active enforcement of ASBO breaches.

— Recording of numbers of ASBOs and ABCs secured during the year by the Force MIU.

4.3 Corporate Strategy 2003-05, "Safeguarding our Community"

4.3.1 This is jointly produced by Dyfed-Powys Police Force and Police Authority, and lists as a Priority Action: (The reduction of) . . . "levels of crime, public disorder and anti-social behaviour in conjunction with key strategic partners".

4.4 The Community Safety Strategies 2002-05

4.4.1 (Also termed "Crime and Disorder Strategies"). These are produced jointly by Dyfed-Powys Police Force and Authority and the four Unitary Authorities within the Force area, and establish tackling ASB as a key aim, under the themes of "Reducing the Fear of Crime (Powys) Public Reassurance" (Pembrokeshire), "Reducing the Fear of Crime" and "Violent Crime" (Ceredigion), and "Quality of Life" (Carmarthenshire).

Actions within these plans assigned to Dyfed-Powys Police Force are:

4.4.2 Carmarthenshire: carrying out customer satisfaction surveys and increasing foot and mobile patrols by five per cent in order to tackle high levels of perceived disorder).

4.4.3 Ceredigion: reduction of fear of crime by increasing the number of officers on patrol, introduction of a mobile police station, removal of graffiti, use of CCTV and improvement of street lighting. Establishment of procedures for obtaining ASBOs.

4.4.4 Pembrokeshire: develop and extend use of removal procedures for graffiti, abandoned cars and fly-tipping, to increase accessibility to Police services in rural areas and to increase the number of rural Police Officers—in order to improve the environment and reduce the fear of crime.

4.4.5 Powys: target hotspots to reduce drink-related violence, improve management of licenced premises and reduce the number of assaults in licenced premises. Introduction of a protocol for the removal of graffiti, greater access to Police to reduce the fear of crime. In relation to CCTV, evaluation of the impact in main towns within Powys, deployment of mobile CCTV systems and improvement of street lighting systems in conjunction with the Council Streetlighting Unit. In relation to autocrime, agree a protocol for the removal of abandoned vehicles with the local Authority.

4.5 The Force Control Strategy 2004-05

4.5.1 This is informed by the Force Strategic Assessment as per the NIM, and lists tackling ASB as a key priority in terms of Intelligence (identifying prolific offenders, hotspots and links with other areas of criminality), Prevention (liaison with partners to identify hotspots, use of ASBOs and ABCs as deterrents and use of School Liaison Officers to communicate with key age groups within the community) and Enforcement (high visibility patrolling, enforcement of ASBO/ABC breaches and utilisation of CCTV systems in hotspot areas).

4.6 The Divisional Plans 2004-05

4.6.1 These are drawn up in response to National and Police Authority priorities and informed by responses from local public consultation. These set tackling ASB as a local priority for each BCU (in conjunction with tackling violent crime in Powys and Pembrokeshire, and with tackling violent crime and domestic violence in Carmarthenshire).

4.7 The Basic Command Unit (BCU) Control Strategies

4.7.1 These are informed by bi-annual strategic assessments in compliance with NIM structures, and feed into the Divisional Plans (as above). The Control Strategies 2004-05 for the four BCUs set tackling ASB as a key aim, to be addressed in terms of Intelligence, Prevention and Enforcement priorities.

4.7.2 Control strategies for each BCU mirror the objectives contained within the Force Control Strategy, with ASB Priorities linked with those for Violent Crime in all BCUs except Ceredigion. Additional priorities include:

BCU Intelligence Prevention Enforcement

Carmarthenshire Monitoring large public gatherings. Maximising the use of the media to provide reassurance and to promote positive action in respect of violent crime and ASB.

Ceredigion Monitoring Criminal Damage offences. Working in partnership with the Wallich Clifford Community (for homeless people). Consideration given to post-conviction ASBOs.

Use of high-visibility policing at key locations during peak periods.

Liaison with the ASB Co-ordinator and LA regarding problem families.

Pembrokeshire Multi-agency liaison regarding licensing issues and under-age drinking.

Powys Monitoring large public gatherings. Utilisation of Local Authority and Registered Social Landlords and other housing agencies in the enforcement of tenancy agreements. "Pub Watch" to be considered for BCU launch

4.8 "Safer Counties"

4.8.1 Finally, all local and national policing priorities for the Force have been incorporated within "Safer Counties", a summary of policing objectives for Dyfed-Powys Police Force, in which key priorities are categorised under one or more of six headings, and through which BCUs can take forward their Control Strategies. The issue of tackling ASB is addressed most specifically within the categories of "Safer Communities", "Safer Streets" (tackling public disorder, alcohol-related crime, property damage and criminal damage) and "Safer Society" (Reversing the fear of crime, working with local partnerships), although, in accordance with the pervasive nature of this type of behaviour, aspects of the Force strategy to tackle it are included within all categories (Safer roads: tackling excess speed, and Safer Schools: public awareness and initiatives to address substance misuse, bullying and truancy).

4.9 Response to Public Concern

4.9.1 Consultation with the public and other key stakeholders forms a key element in the process of identifying and setting policing priorities for the Force and Police Authority as well as in informing CSP strategies. Consultation within Dyfed-Powys Police Force area is undertaken through (amongst others):

— Crime Audits to inform CSP Strategies.

— Citizens' Panel (while Carmarthenshire BCU has an established panel, these are soon to be set up within the other Force BCUs).

— Police Authority Community Consultative Committee Meetings (annual).

— Town/Community Council Meetings (usually held monthly and attended by the Section Inspector when policing matters figure on the agenda).

— Postal surveys of town and community councils.

— Consultation with Under-Represented Groups (URGs).

— Virtual Focus Groups (to be set up in the near future).

— Ad-hoc surveys regarding local problems carried out by Police Officers.

4.9.2 Information at a local level is also drawn down from the annual British Crime Survey, undertaken by the HO, and the annually published report "Crime in England and Wales", which combines data from the British Crime Survey with police recorded crime figures.

4.9.3 Responses from consultation within Dyfed-Powys have mirrored national trends in indicating local public concerns relating to issues surrounding ASB. For example, the External Survey conducted by the Force Corporate Services department in 2002 revealed that substantial levels of fear among respondents were induced by human and environmental factors such as run-down areas, groups of youths in the street, drunkenness and graffiti, while many respondents felt that vandalism, drunkenness, bullying and intimidation had increased over the last twelve-month period, together with a corresponding decline in community spirit.

4.9.4 Local consultation was carried out recently in Aberystwyth by local officers as part a process of applying for areas of the town to be designated for the purposes of the restriction of anti-social drinking. Responses from members of the public, local traders and local organisations indicated unanimous support for the proposed action, reflecting the high levels of local concern regarding the problem.

5. RESOURCES ALLOCATED TO THE SERVICE AREA

Due to the broad base from which the Force drive to tackle ASB derives, resources allocated to this area of activity are not used exclusively for this purpose—for example, CCTV camera systems and digital cameras are used to record activity of all types.

5.1 Funding

5.1.1 With regard to financial support, there is no specific provision within BCU budgets for the fiscal year 2004-05 covering initiatives designed to tackle ASB, following the withdrawal of the Community Safety Challenge Fund in the interests of achieving efficiency savings within the Force. Any financial resources obtained result from CSP funding obtained from the HO or WAG, or ad-hoc funding for specific WAG priority projects.

5.1.2 WAG funding for partnerships may be used to tackle ASB; and as such, must be directed in agreement between partners involved. Sources of funding available to the Force as members of CSP include:

The BCU Fund Programme

Communities First

The Building Safer Communities (BSC) Fund

Safer Communities Fund

Small Retailers in Deprived Areas.

Funding runs until the end of the fiscal year 2003-04, with grants provided to the following schemes within Dyfed-Powys:

— Ceredigion Partnership Security Scheme.

— Brecon CCTV Scheme.

— Pembrokeshire Small Retailers.

The Substance Misuse Action Plan Fund

5.1.3 Further funding which will support the Force drive to tackle ASB is detailed within the newly published HO strategic Plan 2004-08—"Confident Communities in a Secure Britain". These are:

The Neighbourhood Policing Fund,

The Safer and Stronger Communities Fund

5.2 Human Resourcing

5.2.1 Annex B of the NPP 2003-06 states that: "Chief Officers should make full use of Officers, Special Constables, Police Community Support Officers (PCSOs) and other members of the extended police family as part of Forces' response to anti-social behaviour".

5.2.2 Thus in addition to Officers and Police Staff listed in Section 3, action to tackle ASB within the Dyfed-Powys Police Force involves deployment of the following:

Police Community Support Officers (PCSOs)

5.2.3 The Force currently employs eleven PCSOs, all of whom are based within Llanelli Section within Carmarthenshire BCU. Five officers are based in Llanelli Station, four in Morfa Station, and two in Llwynhendy.

5.2.4 There are currently no immediate plans for the other three BCUs within the Force to have PCSOs, however, provisions made within the newly introduced Home Office Five-Year Strategic Plan to combat crime will result in funding being made available to Police Forces nationally for more PCSOs, in addition to introducing "Neighbourhood Policing Teams" which will be set up with the specific purpose of providing reassurance and tackling ASB at a local level, and which will typically be made up of Police Officers and PCSOs.

Special Constables

5.2.5 The current position regarding Special Constables within the Force cannot be reliably quantified in terms of personnel available for deployment in tackling ASB due to the discrepancy between numbers of officers "on the books" and numbers who regularly attend for duty.

5.2.6 In addition to which, the current staffing situation within the Force Recruitment Section has necessitated the recruitment of Special Constables being put on hold. It is anticipated that will remain the case until Sept/Oct 2004.

5.2.7 Current numbers of Special Constables per BCU stand as follows:[14]

BCU No of Special Constables

Carmarthenshire 25

Ceredigion 10

Pembrokeshire 44

Powys 36

Local Beat Managers

5.2.8 Local Beat Managers (LBMs) are police constables who have been taken off core shift duties and given the flexibility to work pro-actively in building up links with the local community. As such they play an important part in reassuring members of the public that local ASB issues are being addressed, and they are also in a good position to gather intelligence regarding local trouble "hotspots" and individuals responsible for ASB.

5.2.9 At the time of writing it is not possible to identify exact numbers of LBMs within the Force as their use varies across the BCUs as follows:

BCU No of LBMs

Carmarthenshire 13 in total (Llanelli Section: one Sergeant and seven Constables, Carmarthen Section: one Sergeant and three Constables, Ammanford Section: one Constable).

Ceredigion There are currently no Officers within the BCU designated specifically to carry out this role, mainly because of low establishment numbers, but all Beat Officers are allocated a particular area in which the proactively engage with the local community.

Pembrokeshire 22 in total (H'west Section: one Constable, M. Haven Section: four Constables, Fishguard Section: 12 Constables, Pembroke Section: five Constables).

Powys There is currently no LBM structure within the BCU, however BCU Patrol Strategy promotes officer patrols as a means of providing engagement with local communities.

External Resources: ASB Co-ordinators

5.2.10 These are new posts which are funded by the BSC Fund for the years 2004-05 and 2005-06.

5.2.11 The ASB Co-ordinators are a CSP resource. Each CSP will have a Co-ordinator, with postholders based within the respective BCU. The role of the Co-ordinator, as specified in HO guidance, is primarily:

— To develop and co-ordinate the CSP ASB strategy, and to ensure the strategy is effectively delivered.

— To ensure processes and actions to tackle ASB are mainstreamed within partnership organisations

— To identify and secure funding in support of measures aimed at tackling ASB.

— To act as a point of contact for the National Assembly for Wales (NAW) and the ASB Unit within the HO.

— To ensure that that ASB is properly reflected in the CSP audit.

— To ensure that databases are implemented to provide meaningful performance management.

— To co-ordinate and promote public, private and voluntary sector involvement in tackling ASB.

5.2.12 Role profiles for the ASB Co-ordinators within the Dyfed-Powys CSPs vary slightly from each other, and from the generic profile detailed above in terms of their principal accountabilities. (refer to Annex F for profiles for each of the ASB Co-ordinators).

5.2.13 The position regarding the four ASB Co-ordinators within Dyfed-Powys currently stands as follows:

BCU ASB Coordinators

Carmarthenshire The ASB Co-ordinator was appointed in July 2004, and is currently based within the Community Safety Section within the LA. The postholder is due to be relocated at Cross Hands together with the other members of the LA Community Safety Team.

Ceredigion The ASB Co-ordinator was appointed in July 2004, and is currently based within the Housing Department within the LA.

Ceredigion CSP are also in the process of appointing an ASB Project Officer[15] who will be responsible for the enforcement aspect of ASB measures which are put in place within the CSP, and who will be based with the ASB Co-ordinator.

Pembrokeshire AN ASB Co-ordinator has not yet been appointed. However, it is envisaged that the post will be filled by October 2004. The postholder will be based with the Community Safety Sergeant in Haverfordwest Police Station.

Powys An ASB Co-ordinator has not yet been appointed. However, it is envisaged that the post will be filled by September 2004. The postholder will be based within the Community Safety Department within the LA.

5.3 Specialist Equipment

5.3.1 Equipment used within Dyfed-Powys Force to tackle ASB typically includes CCTV cameras, SWIFT Cameras (ie. mobile CCTV) and digital video cameras, which are used both to identify ASB hotspots and record ASB for evidence purposes.

5.3.2 The Force Control Strategy 2004-05 specifies under the heading of "Enforcement" in relation to tackling ASB that CCTV camera systems will be used within ASB hotspot areas within BCUs to gather evidence for ASBOs and to inform action to deal with the problem.

5.3.3 Refer to Appendices A-D (7) for details of specialist equipment within each BCU.

6. OFFICER TRAINING AND GUIDANCE

6.1 Training

6.1.1 There is currently no training provided to Officers within the Force which relates directly to tackling ASB, apart from training in the function and application of ASBOs in Stage 6 (Part 1) of the probationer Training Programme. Within this programme, training is also provided in areas which relate indirectly to ASB, including:

— Stage 3: Race/hate crime and victim support.

— Stage 5: Problem-Orientated Policing.

— Stage 6 (Part 1): Use of CCTV systems, dealing with assault and Protection from harassment.

— Stage 6 (Part 2): Criminal damage.

— Stage 6 (Part 3): Neighbour Disputes.

6.1.2 Force policy relating to PNDs states that responsibility for training officers in their use lies with Supervisors and Divisional Training Officers, and that BCU Commanders should ensure that these strategic aims, objectives and use of PNDs are promoted at sectional meetings/ briefings, and that all staff are aware of the contents of the Force PND Policy.

6.1.3 There is currently no guidance available to officers within the Force regarding the use of ABCs and ASBOs.

6.2 Guidance

6.2.1 Guidance relating to measures to tackle ASB is available to Officers, albeit on a piecemeal basis, upon the Force Environmental Scanning and Online Learning webpage on the Force Intranet.

6.2.2 Information is present on this page relating to PNDs. Links are also available to individual BCU Training homepages. There is currently nothing on these pages in relation to ASB, apart from the Powys Training site, where there is information and a PowerPoint Presentation on the use of PNDs.

6.2.3 Links are, however, available from the Environmental Scanning and Online learning page to specific ASB-related sites such as the "Together" Action Line, should officers require information.

7. FORCE PLANS, POLICIES AND PROTOCOLS RELATING TO ASB

Due to the fact that ASB covers a wide range of behaviours, and that applicable definitions overlap with other incident and crime types, the list of plans, protocols and policies which are relevant to tackling the problem is fairly extensive. The list covers areas of policing involved with tackling ASB both in a general context and specifically—these have been highlighted in bold italics.

Plans, policies and protocols listed cover all BCUs within the Force, but do not include those which are particular to individual BCUs—for details of these, refer to Appendices A-D (4).

7.1 Force Plans

— Dyfed-Powys Police School Liaison Spiral Scheme of Work.

— Dyfed-Powys Police Force Community Safety Strategy.

— Dyfed-Powys CSPs/ YOTs Youth Justice Plans.

— CSPs Substance Misuse Action Plans 2004-05.

7.2 Force Policies[16]

— Dyfed-Powys Police Youth Offending Policy.

— Under-age drinking Memorandum of Understanding between Dyfed-Powys Police Force and LA Trading Standards Services.

— Operating procedures for Vehicle Mounted Video Equipment.

— Dyfed-Powys Police policy: The Prevention of Repeat Victimisation.

— Dyfed-Powys Police Force Policy—Penalty Notices for Disorder.

7.3 Force Protocols

— Dyfed-Powys Protocol for Data Sharing (Section 115—Crime and Disorder Act 1998.

— Dyfed-Powys Police Force CCTV Protocol.

— Anti-Social Behaviour Order Protocol (this is currently in draft form and awaits input and agreement from the Crown Prosecution Service and the ASB Co-ordinators within Dyfed-Powys CSPs—refer to Annex H p 79 for details).

— Dyfed-Powys Police Force ASB Guidance Policy. A working group has been set up consisting of two Section Inspectors headed by the Chief Inspector, Community Safety Department HQ, which is currently drawing up a Force Guidance Policy which will cover procedure from dealing with initial reports of ASB, through consideration of sanctions to adopt, and culminating in application for ASBOs in Civil and Magistrates courts. The guidance will incorporate the ASBO protocol listed above, and is expected to be completed by the end of 2004.

8. PERFORMANCE MEASUREMENT

8.1 General

British Crime Survey

8.1.1 At a general level, evaluation of Force action to tackle ASB is carried out within the annual British Crime Survey, in which around 40,000 members of the public are interviewed nationally regarding their experience of crime and disorder within their area over a twelve-month period (around 800 members of the public are interviewed within Dyfed-Powys). Results are published for each Force area, and respondents' levels of worry about ASB are classified on two scales: Levels of Disorder (formerly used as Best Value Performance Indicator—BVPI—122) and Levels of Physical Disorder, which relates to issues such as vandalism and rubbish in local neighbourhoods.

Policing Performance Assessment Framework (PPAF)

8.1.2 Within the framework of the PPAF, 13 headline indicators (Statutory Performance Indicators—SPIs) have been introduced (April 2004) to replace the BVPIs and to measure Forces' performance in relation to ASB albeit indirectly under the headings of SPI 2—Confidence Measures and SPI 10—Quality of Life Measures, which cover fear of crime and feelings of public safety.

Results from Dyfed-Powys Police Force for these indicators will be compared with corresponding measures for other Forces, including those classified under the heading of "Most Similar Forces".[19]

HMIC Baseline Assessments

8.1.3 These are carried out annually in conjunction with the PPAF, and will, as from Autumn 2004, be using the same domain structure to evaluate the Force's performance with regard to all policing activities, including tackling ASB. Force action to tackle ASB may also be subject to ad-hoc HMIC Inspections.

Home Office: ASBOs and ABCs

8.1.4 The Home Office is collating figures for ASBOs and ABCs issued at BCU level via quarterly updates from the LA Community Safety Department. These figures will in future be provided by the newly appointed ASB Co-ordinators.

8.2 Force

National Intelligence model (NIM)

8.2.1 Although there are currently no performance indicators within the Force which measure performance specifically in relation to tackling ASB, implementation and use of the NIM ensures that Force strategies to deal with ASB are continually evaluated at Section, BCU and Force levels within a framework whereby officers designated to implement plans to tackle local problems report outcomes at Section and BCU TT&CG meetings which are held on a monthly basis.

8.2.2 ASB strategies are also evaluated at BCU Performance Meetings which are held at Section level, and which immediately follow the TT&CG meetings. These are attended by the Section Inspectors and provide a forum in which good practice may be identified.

8.2.3 Results and progress in relation to ASB strategies are fed into the Force and BCU Tactical Assessments, which are reviewed on a monthly basis. Notwithstanding this regular appraisal of action to tackle ASB, there is limited assessment of individual operations and measures with a view to identifying areas for future improvement.

8.2.4 Audits are carried out by Crime Support Officers (CSOs) within each BCU. Reports of incidents linked to ASB are recorded and compared with figures for the previous year.

8.2.5 Within some Sections throughout the BCUs (eg Tenby, Whitland and Aberystwyth), Section Beat Files are maintained with the aim of acting as a daily reference point for Beat Officers, and in which meetings, contacts in the community and successful initiatives introduced within the area may be recorded. These are currently run as isolated initiatives within the Force.

Management Information Unit

8.2.6 The Force MIU have commenced the collation and recording of numbers of ASBOs issued within the Force for each BCU, a function which used to be performed by the Community Safety Department, Headquarters. These are included within their Quarterly Information Bulletins.

Data regarding number of ASBOs issued is taken from the Police National Computer (PNC) and forwarded to MIU by the Phoenix Section of the Force Criminal Justice Unit. (Phoenix Section will pick up details of ASBOs issued from the Court Register, and will enter these upon the "Wanted/Missing" Page of the PNC).

8.2.7 Breaches and variations of ASBOs are likewise recorded using data taken from the PNC via the Criminal Justice Unit. (Breach of an ASBO is a recordable offence, and details will therefore be recorded by Phoenix Section upon the "Arrest/Summons" page of the PNC).

The MIU quarterly information bulletins also record numbers of PNDs issued for each BCU within the Force. Data is supplied by the Central Ticket Office, based within the Criminal Justice Unit.

8.2.8 MIU are due to commence recording numbers of ABCs which exist within the Force area—this data is expected to come via the ASB Co-ordinators within each CSP. It is anticipated that the information detailed above will be collated in collaboration with the ASB Co-ordinators in the near future.

8.2.9 It should be noted that MIU data relating to ASBOs and ABCs is not retrospective; figures relate to orders and contracts issued after April 2004, when the Unit commenced recording this data, while figures for PNDs have been collated since their introduction within the Force (01/07/2004).

Information is also collated by MIU regarding numbers of incidents recorded upon STORM under disposal codes which have been specified by the HO as relating to ASB. Information is taken from STORM at station and BCU level, and figures are used to provide an aggregate figure for Public Disorder within the Force.

8.2.10 Levels of Public Disorder was formerly recorded as a Best Value Performance Indicator, but has now become a Local Target which is reported upon internally.

MIU additionally report Force Public Disorder figures to the Welsh National Assembly on a regular basis.

— Ps and Qs Performance Measurement Structure

8.2.11 The Ps and Qs (Performance and Quality) structure is a Dyfed-Powys Police Force initiative designed to drive up performance at BCU level, and to fit in with the PPAF, in that the Performance Indicator Domains within the latter are contained within the Ps and Qs. Indicators within the Ps and Qs Structure which relate to ASB are:

— Number of arrests for ASB/Violent Crime;

— Number of PNDs issued;

— Numbers of ASBOs and ABCs issued.

8.2.12 Another indicator—number of reactive and proactive visits to licenced premises—also falls partly within the domain of ASB.

All Force BCUs have Performance Management Units in place whose role is to oversee performance improvements in line with the Ps and Qs system.

Carmarthenshire BCU Performance Management Team are in the course of developing a Ps and Qs spreadsheet which will be accessible on the Force Intranet, and upon which BCU Officers will record activities which fall within specific indicator categories on a monthly basis.

Thus, in the case of the ASB-related indicators:

— Number of arrests per month for Violent Crime/ASB (entries to be completed by Sergeants and Constables)

— Number of PNDs issued per month (entries to be completed by Sergeants and Constables)

— Number of proactive and reactive visits to licenced premises per month (entries to be completed by Sergeants and Constables—including BCU Licencing Officers)

— Number of ASBOs and ABCs issued per month (information to be provided by MIU).

8.2.13 Figures available from the spreadsheet will be monitored and discussed by the BCU Performance Management Unit at Performance Management Meetings held on a monthly basis.

ACPO/PSU Alcohol Misuse Enforcement Campaign—Powys BCU

8.2.14 Powys BCU is currently participating in a nationwide Summer Alcohol Misuse Enforcement Campaign which is being run by the Police Standards Unit (PSU). Police Officers will work in conjunction with Trading Standards Officers to identify premises where alcohol is sold to underage drinkers, will issue PNDs where necessary, and will apply 24-hour closure orders to premises where rowdy and anti-social behaviour is a problem.

8.2.15 In addition to curbing alcohol-related ASB, data relating to numbers of enforcement actions taken, including arrests made and PNDs issued for ASB, and Dispersal Orders in place will be collated and forwarded to the PSU, where they will feed into the formulation of Best Practice in dealing with this problem.

8.3 Community Safety Partnerships

8.3.1 One of the responsibilities of the ASB Co-ordinators, contained in the role profiles for postholders within each CSP, is the provision of data and monthly reports on ASB and problem-solving initiatives.

8.4 Funding Allocation Requirements

8.4.1 HO funding available to CSPs is issued with the requirement that partnerships put in place systems for monitoring performance with regard to measures supported by the fund, including those designed to tackle ASB. For example, a requirement of the Basic Command Unit Fund is that Forces are required to evaluate the success of measures supported by funding and to share details of successful interventions with the HO and other agencies with a responsibility for Crime and Drug reduction, in order to contribute to the development of a corpus of good practice at local and national level.

8.4.2 Similarly, the terms of the BSC Fund available to the CSPs within the Force state that partnerships will be required to put in place measures to monitor and evaluate the interventions designed to counter ASB which are carried out in their respective areas.

8.4.3 Information from Community Safety Officers within CSPs in Dyfed Powys indicates that evaluation will be carried out as follows:

8.4.4 Ceredigion—through regular analysis of Police Crime Figures and STORM reports, particularly those relating to Domestic Violence, Violent Crime and Drunk and Disorderly incidents.

8.4.5 Pembrokeshire CSP currently have no plans in place to monitor the success of measures to deal with ASB until the ASB Co-ordinator is in place.

8.4.6 Carmarthenshire CSP will use the ASB Co-ordinator to monitor the number and success rates of ABCts, but as yet there is no real evaluation of measures to tackle ASB.

Safer Communities Fund

8.4.7 Powys CSP policy stipulates that agencies who are in receipt of funding sign service level agreements requiring them to provide reports at the CSP Quarterly Meetings regarding the success or otherwise of measures (including tackling ASB) which they put in place. In addition, minutes of the sub-groups, including those dealing with ASB, are included for discussion at CSP meetings, while the CSP hopes to undertake a self-assessment in the near future during which outcomes of measures and strategies to combat crime and disorder will be evaluated.

9. COMMUNITY ENGAGEMENT

9.1 Consultation

9.1.1 Apart from the main means of public consultation employed by Dyfed-Powys Police Force which are detailed in Section 4, consultation takes place between members of the public and Police officers (in conjunction with CSP partners) within the BCUs prior to implementation of measures to tackle ASB. For example, as described in Section 4, designation of areas within Aberystwyth Town as alcohol-free zones followed lengthy consultation between Police Officers, including the BCU Licencing Officer, and local residents and businesses.

9.1.2 In addition to assessing the scale of problems connected with ASB, public consultation is also used to provide a baseline measure of local concerns regarding ASB that can be measured against public perceptions following implementation of measures to deal with the problem(s). For example, various surveys have been carried out within local communities within Pembrokeshire BCU such as the Monkton Estate, Llanion, Neyland West to gauge the views of residents as to what types of ASB they commonly experienced.

9.1.3 Consultation also takes place with numerous Residents' Association Groups within the BCU.

9.1.4 Letters of complaint and appreciation from members of the public are retained by the BCU Commander, and fed into the NIM TT&CG meetings.

9.2 Call Handling

9.2.1 A recent Best Value review of Tackling ASB carried out by Lancashire Constabulary identified notional financial savings to their Force, through their Communication Rooms, by informing members of the public of alternative points of contact for some types of ASB, for example, those which would fall within the remit of the LA, such as litter and fly-tipping.

9.2.2 Within Dyfed-Powys Police Force, there is currently no specific policy relating to call handling which deals with calls reporting ASB.

9.2.3 Current procedures within the Force Communications Centre which is currently being piloted within Carmarthenshire BCU, and which is due to be rolled out across the Force,[20] are to take a call card and to create a delayed or scheduled response for calls relating to ASB, even in the case of calls reporting incidents which do not fall within the remit of the Police. The call cards are then transferred to the relevant BCU for consideration of action.

9.2.4 The Communications Centre Project is currently developing a business process-mapping strategy which may address this issue.

9.3 Media Strategy

9.3.1 There is no dedicated unit or officer within the Force responsible for publicising Force measures to deal with ASB. This may fall within the remit of the ASB co-ordinators, although there is nothing specific within their role profiles regarding this function.

9.3.2 Press releases regarding Force strategy and actions to tackle ASB are prepared by Officers (usually Inspectors) concerned with operations and released either through the Force Press Office based within the Community Safety Department, HQ, or by individual Inspectors dealing with particular areas of ASB within their Sections.

9.3.3 For example, the local media publicity campaign in June 2004 surrounding the use of PNDs was instigated by the Chief Constable, and released through the Force Press Office to local TV stations, on-line media, radio stations and daily/weekly newspapers.

9.3.4 Within Ceredigion BCU, the designation of Aberystwyth Town Centre as an alcohol-free zone was preceded by public consultation in the form of articles published in the local newspaper inviting anyone with views upon the subject to contact local Police Officers, while within Powys BCU, the use of PNDs to reduce ASB during the Brecon Jazz Festival was supported by a robust media strategy publicising this strategy.

10. AUDITING ASB: PROBLEM PROFILING

10.1 Force

10.1.1 Problem profiling of ASB is carried out on a regular basis by BCU Crime Analysts in order to feed the BCU Tactical Assessments. Analysts use various sources of data and information to compile profiles:

— The Force Local Crime System for details of offences relating to ASB.

— All STORM messages (on a daily/ regular basis).

— Selected STORM disposal codes.

10.1.2 Figures provided by the MIU relating to incidents recorded upon STORM under disposal codes classified by the Home Office as being ASB-related.

10.1.3 Patterns of ASB identified by the BCU Crime Analysts become the subject of problem profiling, following which the TT&CGs will formulate an action plan and allocate resources to deal accordingly.

10.1.4 In addition, the Local Intelligence Officer within Llanelli Section in Carmarthenshire BCU maintains a spreadsheet, accessible through Microsoft Outlook, which details incidents of ASB within the Section area, together with date, time and place, and Officer action to deal with the respective incident. Information is taken from STORM and was updated on a monthly basis, using the following Disposal Codes entered on STORM:

Code Number Description

310 Disorder Public Place

311 Disorder Lic Premises

317 Drunkeness

320 Disorder/Street/Domestic

32 Other Disorder Dwelling

334 Public Nuisance

373 Boisterous Child

390 Other Nuisance

10.1.5 These codes have now been changed with the introduction of the pilot National Standard for Incident Reporting (NSIR), and no longer constitute a comprehensive list of ASB-related incidents—refer to Section 9: Profile of ASB within the Force for new disposal codes which relate to ASB (p 41).

10.1.6 Ad-hoc profiling is carried out by Crime Support Officers (CSOs) and Officers within BCUs to gauge levels of ASB prior to formulating individual operations and actions to deal with the problem. For example, within Ceredigion BCU, the CSO and Licencing Officer worked together to research details of ASB incidents and crimes committed in and around Aberystwyth Town Centre licenced premises in order to gather evidence supporting court proceedings to revoke Public Entertainment Licences etc.

10.1.7 On a monthly basis, the Section Inspectors within BCUs are tasked with reporting actions taken to tackle ASB (together with results and evaluations) via Performance Evaluation pro-formas. These meetings are run on the same day as, and take place just prior to, the TT&CG meetings. Evaluation of actions is based against relevant priorities contained within the BCU Control Strategy. These reports go back to the BCU TT&CG, as per the NIM framework.

10.1.8 The MIU within the Force is due to commence profiling levels of ASB within the Force area using data taken from STORM relating to numbers of incidents recorded under the following categories: A-Nuisance, A-Noise, A-Drunk and A-Phone. Figures will be represented at BCU level, and will be published in the Quarterly Information Bulletins.

10.2 CSPs

10.2.1 One of the responsibilities of the ASB Co-ordinators, contained in the role profiles for postholders within each CSP, is to maintain an appropriate database recording levels and locations of ASB, and details of local Community Safety, drawing on existing information from partner agencies.

11. DEMANDS UPON THE SERVICE: PROFILE OF ANTI-SOCIAL BEHAVIOUR WITHIN THE FORCE

Demands upon Dyfed-Powys Police Force created in dealing with ASB may be viewed in terms both of actual levels of ASB within the Force area, and of workloads imposed upon Police Officers generated by dealing with ASB.

11.1 Levels of ASB

National Perspective—The One-Day Count of ASB

11.1.1 On 10 September 2004 a one-day national count of ASB took place. This had been organised and co-ordinated by the HO with the object of ascertaining actual levels and nature of ASB in England and Wales.

11.1.2 Information was fed back from every CSP (including Police Forces) detailing types of incident reported and associated costs to the agencies dealing. The results indicated, albeit in snapshot form, that the agencies dealing with the highest numbers of reports were LAs, except where incidents of rowdy/nuisance behaviour, hoax calls and harassment/intimidation were reported, when greatest call volume was dealt with by Police Forces.

11.1.3 The count also showed that the greatest volume of calls were generated by reports of litter and rubbish (16%), criminal damage, vehicle nuisance and nuisance behaviour (12% of reports each).

Force Perspective—Data taken from STORM[21]

11.1.4 The NSIR was introduced with the aim of enabling Performance Management to focus not just on crime and detection but also upon the non-crime work that occupies a significant amount of police time. One of the specific objectives of the project is to allow police incident data to inform and shape Government work in relation to ASB.

11.1.5 In order to do this, selected incident—recording categories including the most numerically significant, "Miscellaneous—Other," have been replaced on the STORM system by incident definitions which relate more specifically to the incidents which they cover. Included amongst these are definitions which apply to ASB, and which are intended to cover the range of behaviour types listed in Annex E:

— A-Nuisance.

— A-Noise.

— A-Drunk.

— A-Phone.

11.1.6 In order to ensure that the standard is implemented by April 2005, eleven Police Forces, including Dyfed-Powys, have been selected to take part in a six-month pilot project. The incident definitions included in the NSIR were introduced onto STORM on 4 May 2004.

11.1.7 It should be noted that because of concerns regarding crimes which have been incorrectly recorded on STORM under the "A" category, they are due to be changed to "C" crime categories in order to compel officers to define them as crimes or non-crimes and thus render the information relating to numbers within incident categories more accurate.

Analysis of ASB-Related Opening Codes

11.1.8 Data taken from STORM for the dates 04/05/2004 to14/07/2004 inclusive, using the incident codes listed[22] provides a 10-week snapshot profile of current levels, type and concentrations of ASB within the Force area.

11.1.9 It should be noted that this data will not provide a complete picture, as some types of ASB will typically be reported to agencies other than the Police—fly-tipping and litter, for example.

11.1.10 Total figures for the different behaviour types within the Force BCUs (not including "X-Force") for the period identified above are as follows:

A-Drunk: 422

A-Noise: 1128

A-Nuisance: 5022

A-Phone: 365

11.1.11 By far the most prevalent type of ASB is of the "Nuisance/Rowdy" type.[23] This includes behaviour such as:

— Shouting and swearing;

— Throwing missiles;

— Climbing on buildings;

— Impeding access to communal areas;

— Games in restricted/inappropriate areas;

— Misuse of air guns;

— Letting down tyres;

— Fighting;

— Drunken behaviour;

— Hooliganism/loutish behaviour;

— Urinating in public;

— Setting fires (not directed at specific persons or property);

— Inappropriate use of fireworks.

11.1.12 These figures can be broken down to show relative levels of different types of ASB for each BCU—see Figure 1.

BCU A—Nuisance Calls

Carmarthenshire Deals with by far the highest levels of "Nuisance" behaviour (2,146 incidents reported for this period), 51% of which occurred within Llanelli Section.

Ceredigion Dealt with a total of 586 calls, 50% of which reported incidents occurring within Aberystwyth.

Pembrokeshire Of the 1,432 "Nuisance" incidents reported, 29% of calls reported incidents in Milford Haven, while a further 23% reported incidents in Pembroke Dock. 18% of calls originated from Haverfordwest section, while 17% were reported for Tenby Section.

Powys Dealt with a total 858 of calls of this type; call volume is spread fairly evenly through the sections with the exception of Newtown Section (32% of calls, with 23% of total BCU calls reported in Newtown itself).

11.1.13 Analysis of Command and Control data for the same period shows that within the entire range of incident headings, the A-Nuisance category contains the greatest number of calls—5,022, compared with the next most numerous incident headings (Road related-Other—3,566 calls, and Crime-Other—3,150 calls).

11.1.14 A comparison of figures for A-Nuisance calls recorded for this period with more recent figures (09/08/2004) shows that the greatest increase in this type of call has been within Powys BCU, which has seen an increase of 48%, compared with Ceredigion + 44%, Carmarthenshire + 42%, and Pembrokeshire + 40%.

Analysis of ASB-Related Disposal Codes

11.1.15 A more detailed profile of ASB for the period (04/05/04—14/07/04) may be built up using selected STORM disposal codes which relate to these behaviour types.[24] These are:

024 Prostitution Related

078 Substance Abuse

139 Indecent Exposure

182 Begging

221 Abandoned Vehicle

257 Vehicle—Inappropriate Use

260 Vehicle Nuisance

310 Disorder—Public Place

311 Disorder—Licenced Premises

317 Drunkennes

318 Street Drinking

319 Harassment

320 Disorder Street/ Domestic

322 Other Disorder—Dwelling

334 Noisy Alarm

340 Civil Dispute

370 Neighbour Dispute

371 Noisy Party

372 Noise—Pubs/Clubs

374 Football—Inappropriate Areas

377 Inappropriate Gatherings

381 Phone—Nuisance

382 Phone Hoax

390 Noise—Business/ Road Works

457 Noisy Vehicles

595 Litter

596 Fireworks Misuse.

  11.1.16  ASB-related disposal codes may be grouped together under common types, and figures combined to provide a picture of the relative predominance of typical features associated with ASB as follows (note that only the main numerically significant codes have been included for this purpose, and that this profile is therefore approximate):

Vehicle-related[25] 1,251 Disputes 1,455

Disorder in a public place    847 Minor assault/harassment    290

Drunkeness    966 Inappropriate gatherings    978

Noise Nuisance    593 Phone Nuisance    549

11.1.17 The disposition code "Disorder in a Public place" contains a high number of calls, but is not very specific in describing the type of incident it covers. A dip sample of 50 calls within this category showed the majority dealing with youth nuisance; children throwing objects, skateboarding on the street, or merely "gathering".

11.1.18 Similarly, dip-sampling of the category "Inappropriate gathering" revealed virtually all the calls reporting youth nuisance ranging from verbal abuse and harassment to climbing on roofs and riding bikes and skateboards in the street.

11.1.19 A significant number of calls within this category referred to incidents involving disputes and harassment/abuse. The presence of alcohol as an aggravating factor in these incidents is not always stated, but may often be inferred. Taken together with the substantial proportion of calls reporting drunkenness, it is obvious that alcohol-related disorder plays a major part in ASB incidents which Police Officers deal with.

11.1.20 The main themes underlying ASB within the Force which emerge from this general profiling can therefore be broadly defined in overlapping terms of vehicle-related, alcohol-related and youth-related nuisance, and point accordingly to the importance of Force and Partnership initiatives to engage young people and address issues connected with licencing regulations and alcohol consumption.

11.2 Demand upon Officers

11.2.1 Although call volume is not indicative of actual officer time spent dealing with reported incidents, Activity Analysis carried out throughout the Force as part of Activity Based Costing (introduced through the Policing Performance Assessment Framework) provides an indication of demand in terms of time spent dealing with ASB.

11.2.2 Activity sampling studies have been carried among Police Officers based in all sections within Carmarthenshire BCU during June and July 2004.[26] The data provided represents a two-week snapshot of the relative percentages of working time which are expended upon different activities relating to incidents which officers routinely deal with.

11.2.3 Among these incidents, those relating to ASB are likely to be grouped mainly under the headings of:

— Complaint/Nuisance;

— Drunk and Disorderly;

— Public Disorder.

11.2.4 Difficulties arise in the case of the incident category "Other Non-Crime Incident". Results from activity sampling show that more officer time has been expended in dealing with this type of incident than with any other listed upon the incident/non-incident "menu"—451 hours of a total 5,205 recorded during the two-week period sampling period, as compared with 435 hours spent on criminal damage and 425 hours spent dealing with burglary-other.

11.2.5 Unfortunately, the non-specific nature of this incident category renders it unhelpful both in providing a picture of officer activity for the purposes of Activity Analysis, and in determining how many incidents covered by this classification are ASB-related.

11.2.6 280 hours of officer time over the period were spent dealing with incidents involving complaints of nuisance behaviour, while a further 176 hours were spent dealing with public disorder, 88 hours were spent dealing with drunk and disorderly incidents and 18 hours were spent dealing with hoax phone calls.

11.2.7 In view of the fact that it is impossible to extract from the Activity Sampling precise data regarding proportions of incidents which involve ASB, any calculation of officer workload generated must be approximate. However, assuming that 50% of "other non-crime" incidents relate to ASB, a total 787 hours were spent by officers in dealing with this problem.

11.2.8 This can be calculated as a percentage of the total officer time recorded which was spent dealing with incidents, both Crime and Non-Crime (5,205 hours). 15% of incident-related activity took place in relation to dealing with ASB.

11.2.9 A further two incident categories potentially include incidents of ASB: Criminal Damage (435 hours recorded) and "Violence against Person-less Serious" (288 hours recorded). Assuming that 50% of incidents within each of these categories relate to ASB, a further 361 officer hours are added to the total time spent dealing with ASB, which can then be represented as 22% of total incident-related activity.

12. CONCLUSIONS

12.1 This document provides an overview of the current position of Dyfed-Powys Police in relation to tackling anti-social behaviour.

12.2 As the service now moves forward in developing a citizen favoured style of policing with closer community partnership and engagement under police reform initiatives from Central Government, we will continue to build upon this platform to enhance our service delivery.

Dyfed-Powys Police

September 2004

Annex A

CARMARTHENSHIRE

1. PARTNERSHIPS:

— Carmarthenshire County Council;

— Carmarthenshire Youth Offending Team;

— Dyfed-Powys Police;

— Mid and West Wales Fire Service;

— Dyfed-Powys Drugs and Alcohol team (DAAT);

— Dyfed Powys Probation Service (including the Chair of Substance Misuse Action Team and Community Safety and Punishment Officer);

— Carmarthenshire Local Health Board.

2. CUSTOMERS:

— Members of the public;

— Victims of ASB;

— Perpetrators of ASB.

3. FUNDING:

Force

Basic Command Unit (BCU) Fund

This fund is intended to support Police Forces in playing a full and active role in the delivery of CSP strategies, including those relating to Tackling Anti-Social Behaviour.

The allocation for Carmarthenshire BCU for 2004-05 is £101,564.

CSP Funding

Building Safer Communities Fund (BSC)

Available to CSPs, with the Local Authority acting as the "Accountable Body" for the purposes of allocation of funding to respective projects and interventions.

The total sum available to Carmarthenshire CSP for the fiscal year 2004-05 is £180,253, which includes £25,000 to support the newly created post of Anti-Social Behaviour Co-ordinator.

Welsh Assembly Government—Safer Communities Fund.

The Safer Communities Fund provides a source of funding for Community Safety Partnerships to deliver projects that focus on tackling youth crime. The fund also supports Operation Tarian—the intelligence-led policing project which tackles organised crime gangs and the illegal supply of heroin and crack cocaine.

The total sum available to Carmarthenshire CSP for the fiscal year 2003-04 is £47,219.

4. PLANS, POLICIES AND PROTOCOLS:

5. CSP MEETING STRUCTURE

The main CSP Strategic Meetings are held bi-monthly, and are attended by the BCU Commander, Superintendent and Community Safety Sergeant.

Operational groups dealing with burglary and vehicle crime are each headed by a Chief Inspector.

Within the CSP there is an Anti-Social Behaviour and Fear of Crime Group which is headed by an Inspector, and which meets bi-monthly. Strategies and outcomes from these meetings feed into the main CSP meetings.

Local ASB Groups are currently in the process of being set up in all Sections within the BCU with the aim of supporting pro-active measures to tackle ASB at local level, including use of ABCs, ASBOs and Communiy Conferencing. Llanelli Section has an ASB Group already in existence, which is chaired by the Section Inspector, and at which specific local problems and issues are addressed.

The group in Llanelli meets every two-to-three weeks, and it is expected that other local groups will meet at least monthly in the following locations:

Felinfoel Police Section (Llanelli Rural);

Llanelli Police Station (Llanelli Town);

Ammanford Police Station(Ammanford);

Carmarthen Police Station (Carmarthen Rural);

Carmarthen Police Station (Carmarthen Town);

Crosshands Police Station (Crosshands).

Membership of these groups will include representatives from the following agencies:

Housing Department (Senior Housing Officer);

Police (Local Inspector or representative);

Relevant Registered Social Landlords Officer;

Other CCC representatives eg Social Services, Youth Offending Team, Environmental Health Officer, Victim Support.

Once all ASB Co-ordinators are in post, it has been proposed by the Chief Inspector, Community Safety HQ, to set up ASB Co-Ordinator Conferences, to take place on a regular basis with the aims of co-ordinating the approach to tackling Anti-Social Behaviour within Dyfed-Powys, and of sharing best practice.

6. BCU LEADS IN TACKLING ASB

Inspectors within the BCU act as a point of contact regarding applications for ASBOs, both stand-alone, and attached to conviction for other offences ("CRASBOs"). Inspectors also attend and take the lead in Local ASB Groups which are being set up within the BCU.

The Section Inspector Llanelli currently holds the portfolio for identifying and disseminating best practice within Carmarthenshire BCU, but in an unofficial capacity. Responsibility for this is expected to be transferred to the Anti-Social Behaviour Co-ordinator, who will be based with the LA Community Safety Team.

7. PHYSICAL RESOURCES

A CCTV van, containing SWIFT cameras has been supplied through the BCU Fund, with the proviso that one of its uses will be to target ASB.

There are three School Liaison Officers, two based in Carmarthen and Llanelli.

There are two Licencing Officers, both based in Carmarthen.

Annex B

CEREDIGION

1. PARTNERSHIPS:

— Ceredigion County Council;

— Ceredigion Local Health Group;

— Dyfed-Powys Drugs and Alcohol team (DAAT);

— Dyfed-Powys Police;

— National Probation Service (Dyfed-Powys);

— The Mid and West Wales Fire Service;

— The Mid Wales Youth Offending Team;

— Ceredigion Substance Misuse Action Team (SMAT);

— Local magistrates.

2. CUSTOMERS:

— Members of the public;

— Victims of ASB;

— Perpetrators of ASB.

3. FUNDING:

Force

Basic Command Unit (BCU) Fund

This fund is intended to support Police Forces in playing a full and active role in the delivery of CSP strategies, including those relating to Tackling Anti-Social Behaviour.

The allocation for Ceredigion BCU for 2004-05 is £47,837

Community Safety Challenge Fund—although this funding source has now been withdrawn, £1,000 has been made available between January and March 2004 to combat ASB in Llanon by supporting initiatives which encourage local children to engage in different activities (Youth Summer Activity Project).

CSP Funding

Building Safer Communities Fund (BSC)

Available to CSPs, with the Local Authority acting as the "Accountable Body" for the purposes of allocation of funding to respective projects and interventions.

The total sum available to Ceredigion CSP for the fiscal year 2004-05 is £101,638, which includes £25,000 to support the newly created post of Anti-Social Behaviour Co-ordinator.

Safer Communities Fund (Welsh Assembly Government)

The total sum available to Ceredigion CSP for the fiscal year 2003-04 is £27,777.

4. PLANS, POLICIES AND PROTOCOLS:

Anti-Social Behaviour/Violent Crime Action Plan (Aberystwyth Town)

Vagrancy Action Plan (Aberystwyth Town)

Your Questions Answered/Procedures when Applying for ASBOs in Ceredigion (Force Intranet; Ceredigion Homepage).

Procedure re Seizure of Vehicles Driven in an Anti-Social Manner (Sec 9 Police Reform Act 2002). This guidance has been issued by the Section Inspector, Aberystwyth in the absence of any Force Policy relating to application of these powers.

5. CSP MEETING STRUCTURE

The main CSP Strategic Meetings are held quarterly, and are attended by the BCU Commander.

Operational groups meet on a bi-monthly basis, and are attended by Police Inspectors involved in the respective operations.

The Community Safety Officer attends all CSP meetings.

It is planned to set up an ASB group as a sub-group, which would meet bi-monthly for strategic purposes, and additionally at a tactical level if required, and would be attended by The Chief Inspector (Support).[27]

Once all ASB Co-ordinators are in post, it has been proposed by the Chief Inspector, Community Safety HQ, to set up ASB Co-ordinator Conferences, to take place on a regular basis with the aims of co-ordinating the approach to tackling Anti-Social Behaviour within Dyfed-powys, and of sharing best practice.

6. BCU LEADS IN TACKLING ASB

Within Ceredigion BCU, the Community Safety Officer works closely with partners within the CSP in initiating action to deal with ASB, in particular working with Young Peoples' Partnerships within the BCU. The CSO also attends all CSP meetings.

Inspectors within the BCU act as a point of contact regarding applications for ASBOs, both stand-alone, and attached to conviction for other offences ("CRASBOs").

A close working relationship has formed between key local authority officers and section Inspectors so that matters can be dealt with on a day to day basis.

The divisional licensing officer attends the TT&CG meeting and reports on premises where anti-social behaviour is a problem.

The School Liaison Officers involve themselves in local Youth initiatives, for example quad-biking, white-water rafting etc. In addition, they are involved in organising diversionary activities to combat ASB problems in Llanon, which have been funded by the Community Safety Challenge Fund (before this was withdrawn).

7. PHYSICAL RESOURCES

CCTV camera systems—There are systems covering Aberystwyth and Lampeter, mobile CCTV cameras are also available and can be deployed in other parts of the BCU. These cameras can either be monitored from Aberystwyth or from a mobile viewing vehicle.

ANPR—one vehicle is equiped with this system, but at the moment it is in need of repair. However, the force's ANPR van is utilised on regular campaigns within the BCU.

Digital Cameras—Each station has recently been issued with digital cameras which can be used by all officers to record crime scenes etc.

Exhibition Vehicle—The force's exhibition vehicle is used to publicise iniatives around the BCU. This vehicle is resourced by community safety and beat officers.

Community Safety Dept—This made up of one officer who covers the BCU. He deals with a wide range of community safety initiaives including crime reduction, obtaining funding from various bodies.

School Liaison Officers—There are two officers within the division, based in Aberystwyth and Ceredigion

Licensing Officer—One officer covers the whole BCU, works with each section Inspector to deal with licensing issues.

PPU Dept—Based in Aberaeron, have responsibility of dealing with a wide range of public protection issues.

Annex C

PEMBROKESHIRE

1. PARTNERSHIPS:

— Pembrokeshire Community Safety Group;

— Pembrokeshire Anti Social Behaviour Data Sharing Group;

— Pembrokeshire County Council;

— Pembrokeshire Youth Offending Team;

— National Probation Service;

— Crime Reduction Unit, Welsh Assembly;

— Mid and West Wales Fire Service;

— Pembrokeshire National Park Authority;

— Pembrokeshire Association of Voluntary Services;

— Pembrokeshire Substance Misuse Action Team (SMAT);

— Crown Prosecution Service (CPS);

— Pembrokeshire Domestic Abuse Forum;

— Pembrokeshire Pupil Referal Unit;

— Pembrokeshire Young Peoples Partnership.

Partnerships (general):

— Pembrokeshire Victim Support;

— Neighbourhood Watch;

— Pembrokeshire Women's Aid;

— Milford Haven Port Authority;

— British Transport Police;

— Signals Regiment—Brawdy.

— Pembrokeshire County Council Licensing Team

2. CUSTOMERS:

— Victims of ASB;

— Perpetrators of ASB;

— Members of the public.

3. FUNDING

There is no specific provision within BCU budget specifically for tackling Anti-Social Behaviour. Funding in term of overtime is provided on a needs basis—through the NIM process by a means of "bidding" at the Divisional Tasking Meeting.

Force

Basic Command Unit (BCU) Fund

This fund is intended to support Police Forces in playing a full and active role in the delivery of CSP strategies, including those relating to Tackling Anti-Social Behaviour.

The allocation for Pembrokeshire BCU for 2004-05 is £60,987.

An element of this funding has been agreed with partners for use to fund proactive operations to tackle Anti Social Behaviour. (£12,000 overtime to deploy extra resources at peak periods—covering hot spots—as identified through NIM).

CSP Funding

Building Safer Communities Fund (BSC)

Available to CSPs, with the Local Authority acting as the "Accountable Body" for the purposes of allocation of funding to respective projects and interventions.

The total sum available to Pembrokeshire CSP for the fiscal year 2004-05 is £131,613, which includes £25,000 to support the newly created post of Anti-Social Behaviour Co-ordinator.

Welsh Assembly Government—Safer Communities Fund

The total sum available to Pembrokeshire CSP for the fiscal year 2003-04 is £34,588.

Funding Sources and Projects:

— PHOENIX PROJECT—£12,000 from WAG following bid by CSP to WAG for funding to tackle Anti-Social Behvaviour on Monkton estate (short term—short notice funding).

— OPERATION ASSURE—Bid by CSP to WAG for funding to tackle Anti-Social Behaviour on Mount Estate, including £34,000 towards deploying an officer on overtime, £8,000 towards increased patrols, with the remainder used to provide situational crime preventive measures ie—provision of youth shelter, improved street lighting, estate clean-ups, CCTV installed in resident center, resources for youth room at Mount Residents' Centre-Acorn (musical equipment—furniture—IT). Improved physical security to private dwellings.

— SMALL RETAILERS IN DEPRIVED AREAS FUND—over the last three years the CSP secured in excess of £165,000 for Pembrokeshire. The aim of the fund is to support small businesses in isolated, depressed areas and small communities by enabling increased security eg Money for locks etc. This funding provided situational crime prevention eg physical security features, illumination of children's play areas and improvement in the safety of play areas, and led to a reduction in the fear of crime. Results include local residents more prepared to use the local shops.

— CCTV—Town Centre Systems. Communities First funding Bid by the CSP to WAG—£400,000 plus, which resulted in upgraded installations within the town centre CCTV systems in Fishguard, Haverfordwest, Milford, Pembroke Dock and Tenby. All these digital CCTV systems can be viewed across the Force Intranet system.

— CCTV—vehicles. £70,000 + Bid by CSP to WAG resulted in funding for eight Divisional vehicles equipped with CCTV. By the end of the year this will rise to 11 vehicles—meaning every police station within the BCU will have a mobile CCTV capability. All the CCTV equipped vehicles can be used as a platform for ANPR (Automatic Number Plate Recognition).

— CCTV—mobile rapid deployment Petards Swift system which can be used in semi-permanent applications, incorporating mobile office/receiving unit. Total £45,000 CSP bid to WAG. Utilised and deployed at all licensing events within the BCU by Police and Licensing Authority partnership team.

— "Pubwatch"—a radio network which links participating licensed premises within Tenby town centre (currently 10), enabling information of ASB to be passed between licencees and local police. Funding for this project was sourced through the CSP, and it is proposed that the scheme be extended to Haverfordwest Town Centre in the near future.

— ANPR Funding from WAG— £42,000 for two transportable mobile units for use in any of the above CCTV equipped vehicles, or linked to the Town Centre CCTV systems. The equipment is directly compatible with the Spectrum Back Office Facility and identical units purchased by Carmarthenshire and Powys BCUs. Pembrokeshire County Council has installed a permanent ANPR system (with infra-red cameras) in Tenby at a cost of £42,000, which is used for the summer period to "police" the pedestrianisation of the town centre. A bespoke ANPR/CCTV system is presently being fitted into a patrol car at a combined cost of £17,000 (BCU grant/Community Safety Challenge Fund).

— Motor Project—As part of a skills centre project at the Pupil Referral Unit in Neyland, the CSP were granted bids totalling £45,000 (Crime Directors Fund/Communities First Fund) to provide workshop/engineering/IT/life skills equipment, a kit-car and a tractor to provide diversionary/vocational activities for young people at risk of offending—the project has been match funded (£60,000+) by the Local Authority.

— Domestic Abuse Coordinator (Nicky Trimble)—funded by CSP with Pembrokeshire Domestic Abuse Forum £25,000.

— School Liaison Officers—funded following a CSP bid to WAG which resulted in 50% funding for two posts—£34,000.

— Youth Offending Team Officer—Full time Police Officer (Steve Richards) has been seconded to the local Youth Offending Team.

— ROC co-ordinator £5,700.00 HQ Funding to support post.

— One vehicle for use by Youth Offending officer—paid for by Force.

— Police Mountain Bikes and cycling equipment for officers—£5,000 (BCU Fund). The bikes have been used to particularly good effect on the Mount Estate to quell Anti Social Behaviour and give a visible police presence.

— IT Equipment—£12,500 has been sourced through CSP for IT equipment for School Liaison, YOT, Mount Association and Neyland Skills Centre.

4. PLANS, POLICIES AND PROTOCOLS:

Pembrokeshsire Community Safety Partnership Anti-Social Behaviour Procedure Guide

Pembrokeshire Violent crime Action Plan;

Pembrokeshire Young People's Partnership Delivery Plan 2004-05;

Pembrokeshire Young People's Partnership Strategic Plan 2004-08.

5. CSP MEETING STRUCTURE

The main CSP Strategic Meetings are held quarterly, and are attended by the BCU Commander.

Community Problem Meetings are held on an ad-hoc basis and are attended by Section Inspectors and Community Safety Officers. So far, these meetings have been held relating to problems in Milford Haven and Pembroke Dock.

A Strategic ASB data-sharing group was set up earlier this year and meets monthly. It is attended by the BCU Superintendent.

6. BCU LEADS IN TACKLING ASB

Within Pembrokeshire BCU, Community Safety Officers and staff lead in initiating action to deal with ASB. The two Community Safety Constables are proactive in working with partner agencies within Pembrokeshire CSP to identify and secure funding in respect of tackling Anti-Social Behaviour. In addition they co-ordinate the Police response to all licencing matters within the BCU and work closely with the Licencing Team within the CSP.

Tackling ASB forms part of the portfolio of the Superintendent Operations.

Inspectors within the BCU act as a point of contact regarding applications for ASBOs, both stand-alone, and attached to conviction for other offences ("CRASBOs"). In addition they are expected to take the lead in initiating action to deal with ASB.

7. PHYSICAL RESOURCES

The resources available to the partnerships throughout the county are largely funded via WAG grants as shown previously. When applying for such capital grants service/maintenance costs (usually two to three years) are included within the bids.

CCTV—Town Centre Systems (five)—Haverfordwest: 15 cameras, Pembroke/Pembroke Dock: nine cameras, Tenby: five cameras, Milford Haven: three cameras, Fishguard: two cameras.

CCTV—vehicles (eight)

CCTV—mobile (one)

ANPR (four)

Domestic Abuse Coordinator—Piper Lifeline phones (20), mobile phones (10), GPS monitored phone.

School Liaison officers—Laptop computers, printer, Powerpoint projector.

Youth Offend Team Officer—Vehicle, laptop, drug cases, projector

Police Mountain Bikes and cycling equipment for officers (five)

Mercedes V220 MPV—Funded through BCU—used by Community Safety, CSP, Licensing Team, ANPR platform, section ANPR operations/crime prevention days, personnel transport etc.

Ford Galaxy—Funded through WAG/Sponsorship—used by Burglary Reduction Co-ordinator, Community Safety, CSP, Licensing Team, etc.

Digital Cameras—All stations have digital cameras for photographing victims injuries/damage etc—pictures can be viewed during interviews on TV cubes.

There are two school Liaison Officers, and one Licencing Officer.

ANNEX D

POWYS

1. PARTNERSHIPS:

— Powys County Council

— Mid Wales Youth Offending Team

— National Probation Service

— Crime Reduction Unit, Welsh Assembly

— Mid and West Wales Fire Service

— Brecon Beacons National Park Authority

— Powys Association of Voluntary Organisations

— Powys Local Action Team

— Powys Drug & Alcohol Council (PDAC)

— Crown Prosecution Service (CPS)

Partnerships (general):

— Powys Victim Support

— Powys Challenge

— Neighbourhood Watch

— Farm Watch

— Radnorshire & Brecknockshire Women's Aid

— Montgomeryshire Family Crisis Centre

2. CUSTOMERS:

— Victims of ASB

— Perpetrators of ASB

— Members of the public

3. FUNDING:

Force

Basic Command Unit (BCU) Fund

This fund is intended to support Police Forces in playing a full and active role in the delivery of CSP strategies, including those relating to Tackling Anti-Social Behaviour.

The allocation for Powys BCU for 2004-05 is £61,083

CSP Funding

Building Safer Communities Fund (BSC)

Available to CSPs, with the Local Authority acting as the "Accountable Body" for the purposes of allocation of funding to respective projects and interventions.

The total sum available to Carmarthenshire CSP for the fiscal year 2004-05 is £137,283, which includes £25,000 to support the newly created post of Anti-Social Behaviour Co-ordinator.

Welsh Assembly Government—Safer Communities Fund

The total sum available to Powys CSP for the fiscal year 2003-04 is £36,065.

4. PLANS, POLICIES AND PROTOCOLS:

Juvenile Nuisance Policy (currently draft). This has been drawn up to deal with ASB within the 10-17 year age group. It is run through Community Safety and is based upon the "three strikes" principle, with the intention of preventing nuisance behaviour progressing from anti-social to criminal.

Patrol Strategy—monthly patrol plans are formulated by Section Inspectors outlining targeted patrol areas in order to address ASB/disorder-related problems which have been identified as priorities at the Sectional TT&CG meetings. Outcomes are monitored through the BCU TT&CG meetings.

5. CSP MEETING STRUCTURE

The main CSP Strategic Meetings are held bi-monthly, and are attended by the BCU Commander and the Chief Inspector, Support and Partnerships.

It is envisaged that an ASB Action Group will be formed once the ASB Co-ordinator is in post.

Once all ASB Co-ordinators are in post, it has been proposed by the Chief Inspector, Community Safety HQ, to set up ASB Co-ordinator Conferences, to take place on a regular basis, with the aims of co-ordinating the approach to tackling Anti-Social Behaviour within Dyfed-Powys, and of sharing best practice.

6. BCU LEADS IN TACKLING ASB

Within Powys BCU, Community Safety Officers are proactive in working with partner agencies within Powys CSP to identify and secure funding in respect of tackling Anti-Social Behaviour.

The Chief Inspector (Support and Partnership) chairs/is a member of a range of local strategic groups, including Burglary Action Group, the CCTV Group and Substance Misuse Action Team.

Inspectors within the BCU act as a point of contact regarding applications for ASBOs, both stand-alone, and attached to conviction for other offences ("CRASBOs").

7. PHYSICAL RESOURCES

CCTV cameras are in place in Brecon, Newtown, Welshpool (two), Ystradgynlais, Builth Wells and Machynlleth.

There is £3,000 within BCU funding to pay for redeployment of mobile CCTV cameras, and a further £20,000 from the "Small Retailers in Deprived Areas Fund" to fund further installation of CCTV cameras.

Welsh Assembly Government (WAG) funding has been used to purchase a digital video camera, video stills printer and infra-red videoing equipment.

An audit has recently been put in place to monitor how equipment within Community Safety has been used (set up by the Chief Inspector Support and Partnership). It takes the form of a daily diary detailing how the equipment purchased through WAG has been used, and whether this usage ties in with the BCU Control strategy Objectives.

Laptop computers, overhead projectors, mobile phones and CD Roms have been purchased for the three School Liaison Officers using the Community Safety Challenge Fund, enabling them to make presentations in schools.

The Youth Offending Team Officer has a vehicle provided and paid for by the Force.

There are three School Liaison Officers, based in Llandrindod Wells, Newtown and Brecon.

A Licensing Officer (PC) has just been appointed to work in conjunction with the LA in overseeing the change in licensing legislation.

ANNEX E

BEHAVIOUR TYPES

The following list of behaviour types was issued by the Home Office for inclusion in the One-Day Count of Anti-Social Behaviour (10 September 2004):

MISUSE OF PUBLIC SPACE

Drug/substance misuse and dealing

Taking drugs

Sniffing volatile substances

Discarding needles/drug paraphernalia

Crack houses

Presence of dealers or users

Street drinking

Begging

Prostitution

Soliciting

Cards in phone boxes

Discarded condoms

Kerb crawling

Loitering

Pestering residents

Sexual acts

Inappropriate sexual conduct

Indecent exposure

Abandoned cars

Vehicle related nuisance and inappropriate vehicle use

Inconvenient/illegal parking

Car repairs on the street/in gardens

Setting vehicles alight

Joyriding

Racing cars

Off road motorcycling

Cycling/skateboarding in pedestrian areas/on footpaths

DISREGARD FOR COMMUNITY/PERSONAL WELLBEING

Noise

Noisy neighbours

Noisy cars/motorbikes

Loud music

Alarms (persistent ringing/malfunction)

Noise from pubs/clubs

Noise from business/industry

Rowdy behaviour

Shouting and swearing

Fighting

Drunken behaviour

Hooliganism/loutish behaviour

Nuisance behaviour

Urinating in public

Setting fires (not directed at specific persons or property)

Inappropriate use of fireworks

Throwing missiles

Climbing on buildings

Impeding access to communal areas

Games in restricted/inappropriate areas

Misuse of air guns

Letting down tyres

Hoax calls

False calls to emergency services

Animal relating problems

Uncontrolled animals

ACTS DIRECTED AT PEOPLE

Intimidation/harassment

Groups or individuals making threats

Verbal abuse

Bullying

Following people

Pestering people

Voyeurism

Sending nasty/offensive letters

Obscene/nuisance phone calls

Menacing gestures

Can be on the grounds of:

Sexual orientation

Gender

Religion

Disability

Age

ENVIRONMENTAL DAMAGE

Criminal damage/vandalism

Graffiti

Damage to bus shelters

Damage to phone kiosks

Damage to street furniture

Damage to buildings

Damage to trees/plants/hedges

Litter/rubbish

Dropping litter

Dumping rubbish

Fly-tipping

Fly-posting

ANNEX G

ROLE PROFILES ASB CO-ORDINATORS

CARMARTHENSHIRE

Cvngor Sir Caerfyrddin

Carmarthenshire County Council

Post Title: Anti Social Behaviour Co-ordinator

Department: Chief Executives

Grade: 6/SO1

Division/Section: Community Safety

Accountable to: Community Safety Manager

Accountable for: None

Organisation Chart: To be provided

Main purpose of Job: Assist Community Safety Partnership in the development, promotion and management of operational policy, procedures and protocols in relation to anti-social behaviour and problem solving, ensuring the delivery of a high quality service to the County population.

Principal Accountabilities:

1. To provide advice and assistance to all staff within the Partnership, ensuring application of good practice, working closely with the Police, Council and other Partner agencies.

2. Provide recommendations for improvements to operational procedures and code of practice in respect of anti social behaviour and joint Partnership solving at local level.

3. Co-ordinate and effectively manage referral processes to local anti-social behaviour groups.

4. Undertake Anti-Social Behaviour initiative promotion within the County.

5. Indicate appropriate training when necessary to ensure staff skills are updated and kept under review.

6. Provide performance data and monthly reports on anti social/behaviour and problem solving initiatives.

7. Attend County Problem Solving Group providing timely advice and assistance in pursuance of Acceptable Behaviour Contracts and Anti-Social Behaviour Orders.

8. Contribute towards the development of Community Safety Strategy Action Plans, Corporate Strategy and other relevant policy documents.

9. Undertake joint home visits when necessary to undertake quality control, monitoring of policy and procedures.

Magnitude of Job: To facilitate and improve upon area problem solving and anti social behaviour resolution with the County Community Safety Partnership in close Liaison with Partnership Managers including but not limited to County Council, Dyfed Powys Police and other stakeholders.

Prepared By: K Carter

Date Prepared: 08/03/04

CEREDIGION

Ceredigion County Council

Job Description Designation—Anti-social Behaviour Co-ordinator

Division and Section—Public Sector of Housing Division of Department of Environmental Services and Housing

Post

Location—Aberareon

Salary—Salary Scale SO1 (30 hours pro rata)

Car Allowance—Essential

Job Purpose—To manage the development and co-ordination of an effective strategy and policy and to support tackling anti-social behaviour and improving community safety. To provide specialist advice to partner agencies on the most effective methods of tackling anti social behaviour.

Main Duties and Responsibilities:

The following list is typical of the level of duties which the postholder will be expected to perform. It is not necessarily exhaustive and other duties of a similar type and level may be required from time to time.

1. Co-ordinate activity to tackle anti-social behaviour across the County of Ceredigion, in response to the Community Safety Strategy.

2. Act as a central point for the information exchange on anti-social behaviour.

3. To develop contacts with, and provide information to, elected members, officers, individuals and organisations on anti-social behaviour and community safety at a Community and County level.

4. To assist in co-ordinating fundraising and preparation of bids to support anti-social behaviour interventions and community safety activities.

5. Agree and develop a strategic multi agency approach to tackling anti-social behaviour based on effective practice.

6. To be instrumental in the formulation, development and implementation of new-revised procedures,policy and protocols relating to partner agencies work.

7. To maintain an appropriate database on anti-social behaviour and community safety, drawing on existing information from partner agencies.

8. To resolve cases of anti-social behaviour wherever possible without the need for legal action, involving other agencies and services where appropriate.

9. To identify and prepare cases where legal action is required in consultation with other agencies, legal advisor and represent the Council in Court as required.

10. To keep witnesses and victims informed of progress in each case and provide or arrange support where required.

11. To liaise closely and develop effective working relationships with Area Housing staff, other Council services, Dyfed/Powys Police, CPS and other external agencies on cases being investigated and/or taken to Court.

12. To liaise as required with tenants and residents groups and attend public meetings if appropriate.

13. To ensure all enquires relating to anti-social behaviour comply with the Council's Corporate policies and procedures including:

— The Council's equal opportunities and employment practices.

— The Council's health and safety policies and procedures in compliance with statutory requirements and Code of Practice to ensure the Health and Safety of Employees and the general public.

CEREDIGION COUNTY COUNCIL

Job Description

DESIGNATION—ANTI-SOCIAL BEHAVIOUR PROJECT OFFICER (FIXED CONTRACT TO 31.3.07)

Division and Section— Public Sector Housing Division of Department of Environmental Services and Housing.

Post

Location—Aberaeron

Salary—Scale 6

Car Allowance—Essential

Job Purpose—To ensure a co-ordinated response to un/anti-social behaviour in mixed tenure neighbourhoods through the development of policies and protocols in order to facilitate good neighbourhood practice.

Main Duties:

1. Identify and establish effective and appropriate local solutions to the problem of unsocial and anti-social behaviour.

2. Develop a range of effective interventions to improve unsociable behaviour in mixed tenure neighbourhoods and establish protocols for the recording of incidents.

3. To be instrumental in the formulation of innovative practices to educate and raise awareness in order to modify behaviour and address underlying problems or cause of unsociable behaviour in a rural environment.

4. To develop contacts with and provide information to partner agencies and key stakeholders.

5. To maintain an appropriate database in respect of intelligence gathering and structural information relating to ASB.

6. To prepare monthly comprehensive written reports in order to determine that the aims and objections of the project are being met, also annual reports leading to a final report in respect of the three-year project.

7. To liase closely and develop effective working relationships with local authority staff, Dyfed/Powys Police, CPS and other external agencies on cases being investigated or taken to court.

8. Establish neighbourhood boards in order to identify and address the issue of ASB in specific locations.

9. Consult with local communities and undertake and evaluate questionnaires where considered appropriate.

10. Respond to complaints and allegations of nuisance and anti/un sociable behaviour and carry out investigations as necessary and initiate appropriate enforcement action.

11. To ensure all enquiries relating to anti-social behaviour comply with the Council's corporate policies and procedures including:

— The Council's equal opportunities and employment practices.

— The Council's health and safety policies and procedures in compliance with statutory requirements and Code of Practice to ensure the Health and Safety of Employees and the general public.

PEMBROKESHIRE

Anti Social Behaviour Reduction Officer

The post will be for a fixed contract period up until 31 March 2006, this will be initially part time, but may raise to full time over the course of the contract.

Job Purpose

To develop Pembrokeshire's Anti-Social Behaviour Reduction Strategy, aiming to prevent and reduce incidents of anti social behaviour. The job will also require the post-holder to laise with statutory agencies and members of the public, aiming to collate information required to take a range of action (eg anti social behaviour orders and acceptable behaviour contracts). The post holder will also be required to establish a monitoring system to evaluate the effectiveness of any enforcement activity and will be required to contribute to any other activities, designed to reduce crime, anti-social behaviour and social exclusion.

Principal Responsibilities

1. To work closely with the Police, other Divisions within Environment and Health, other departments of the Council and any other group or individual within the Pembrokeshire area, aiming to reduce and prevent incidents of anti-social behaviour.

2. To establish a system of accurately monitoring and recording incidents of anti social behaviour and to evaluate the effectiveness of the system.

3. To co-ordinate a case conference group and to provide assistance to the Chair of the group, with the responsibility of assessing cases of anti-social behaviour in Pembrokeshire and recommending appropriate action.

4. To co-ordinate and collate information from different agencies, to implement enforcement activities ranging from informal action to Acceptable Behaviour Contracts and Anti Social Behaviour Orders and to deal with any breaches arising from any actions, acting as a central point for information exchange.

5. To work closely with the Council's legal department in preparation for court entry.

6. To liase with members of the public and representatives from statutory agencies to obtain evidence of anti-social behaviour.

7. To be expert in acquiring evidence, including taking statements.

8. To support and advise witnesses, particularly those under intimidation and to keep witnesses informed of the procedures involved and progress with their cases.

9. To undertake any reasonable enforcement activities and be responsible for the compilation of case notes and other evidence to be used in court when necessary.

10. To maintain the confidentiality of the personal details obtained in the course of duties.

11. To prepare oral and written progress reports for the Community Safety Partnership.

12. To monitor and evaluate the effectiveness of current and future arrangements for dealing with anti-social behaviour.

13. To ensure locally developed protocols for both Acceptable Behaviour Contracts (ABCs) and Anti Social Behaviour Orders (ASBOs).

14. To link the work to Local Strategic Partnerships, neighbourhood renewals and to strategies to engage young people.

15. To identify and maximise relevant funding opportunities.

POWYS

Powys County Council

Post Title: Anti Social Behaviour Co-ordinator

Directorate: Chief Executive's

Division: Community Safety

Base Location: To be decided

Welsh Language: Desirable

Vehicle Status: Essential

Hours per week: 30 hours

Grade: SO1 (£21,282.00-£22,689.00) pro rata

Posts supervised: None

Further Information: Temporary for two years

Main Purposes of Post

To develop Powys County Council's Anti Social Behaviour Reduction strategy, aiming to prevent and reduce incidents of anti-social behaviour within the County. The job will require the post-holder to assist the Community Safety Partnership in the development, promotion and management of operational policy, procedures and protocols in relation to anti social behaviour. The post holder will be required to establish a monitoring system to evaluate the effectiveness of any enforcement activity, ensuring a high quality service to the County's population.

Principal Responsibilities

1. To provide advice and assistance to all staff within the Partnership, ensuring application of good practice, working closely with the Police, Council and other partner agencies and any other group or individual within the Powys area aiming to reduce and prevent incidents of anti-social behaviour.

2. To establish a system of accurately monitoring and recording incidents of anti social behaviour from different agencies to implement enforcement activities ranging from informal action to Acceptable Behaviour Contracts and Anti Social Behaviour Orders and to deal with any breaches arising from any actions. To act as a central point for the exchange of information. To evaluate the effectiveness of the system.

3. Provide recommendations for improvements to operational procedures and codes of practice in respect of Anti Social Behaviour and joint Partnership solving at local level.

4. To co-ordinate the ASBO Group and provide assistance to the Chair of the Group, with the responsibility of assessing cases of Anti Social Behaviour in Powys and recommending appropriate action.

5. To indicate appropriate training, where necessary, to ensure staff/skills are updated and kept under review.

6. To liase with members of the public and representatives from statutory agencies to obtain evidence of Anti-Social Behaviour.

7. To be experienced in acquiring evidence, including the taking of statements.

8. To prepare oral and written progress reports for the Community Safety Partnership.

9. To ensure locally developed protocols for both Acceptable Behaviour Contracts (ABCs) and Anti Social Behaviour Orders (ASBOs).

10. To be able to support and advise witnesses, particularly those under intimidation, and to keep witnesses informed of the procedures involved and progress made with their cases.

11. To undertake any reasonable enforcement activities and be responsible for the compilation of case notes and other evidence to be used in court when necessary.

12. To maintain the confidentiality of the personal details obtained in the course of carrying out their duties.

13. To link the work to Local Strategic Partnerships, neighbourhood renewals and to strategies to engage young people.

14. To work closely with the Council's legal department when preparing cases to go before the Court.

15. To identify and maximise relevant funding opportunities.

ANNEX H

FORCE POLICIES AND PROTOCOLS RE ASB

1. PENALTY NOTICES FOR DISORDER

Dyfed Powys Police Force Policy

Penalty Notices—Disorder

Any enquiries in relation to this policy should be forwarded to Chief Inspector (Support)—HQ Operations.

1. Introduction

1.1 Part 1, Chapter 1 of the Criminal Justice and Police Act 2001 introduced Penalty Notices—Disorder (PND), for a range of offences involving minor disorder or anti-social behaviour. This scheme continues to provide a highly effective method of dealing with minor offences, thereby freeing up officers to return to operational duties and reducing court delays. The change, introduced by Section 1(11) of the Criminal Justice and Police Act 2001, is designed to offer an additional method for dealing with low-level, anti-social behaviour, disorder and nuisance offending. It is not designed to cater for serious offences (for which custody or other sentence more severe than a fine would be expected if the offender were to be tried by a court and convicted). The notices cater for two levels of fine (£40 and £80) dependant on the severity/nature of the offence.

1.2 Section 87(2) of the Anti-social behaviour Act 2003 has also come into effect and allows for the issue of PNDs to persons aged 16 years and over. The force will implement these provisions from 1 July 2004.

1.3 This policy document should be read in conjunction with the Force Strategy in relation to PND.

1.4 The schedule of Penalty Notice offences is shown in Annex A.

2. Distribution of Penalty Notices to Divisions

2.1 Divisional Commanders will be responsible for ensuring that they have sufficient PNDs for their needs and should update CJU (CTO) with requests for additional PNDs as soon as the need is anticipated. Divisions will be responsible for issuing PNDs to individual officers and will ensure that a sufficient stock is available for use in designated custody facilities. It is imperative that the use of these notices to combat disorder and anti-social behaviour is not jeopardised as a result of supplies becoming exhausted.

3. Issuing a Penalty Notice

3.1 Annex B provides a simple flow chart, showing the PND process. The option of issuing a PND is in addition to existing forms of disposal for these offences, (ie report for summons, charge, caution/reprimand/final warning, etc), either on the street, or following arrest. Officers may only issue a PND where there is sufficient evidence to prosecute the alleged offender for that offence.

3.2 Powers of arrest for offences included in the PND scheme remain unchanged and should be exercised where appropriate.

3.3 A Penalty Notice will only be issued in relation to simple, straight forward cases. PNDs will NOT be issued where the offence includes any aggravating circumstances, including:

— damage to any property;

— injury to any person;

— homophobic or racially motivated incidents;

— Forms part of a pattern of harassment or intimidation;

— domestic incidents;

— football related offences, where the offender may be subject to a football banning order if prosecuted; and

— any realistic threat of injury to any person.

3.4 PNDs will also NOT be issued where:

— The offender is under 16 years of age. (Where a suspect lies about their age, the penalty notice will be withdrawn, any monies paid will be returned and officers may proceed in any way that was available prior to issue).

— The offender refuses to accept the PND (or in the case of juveniles aged 16-17 years where the appropriate adult refuses).

— The offender is on police or court bail for any offence.

— The offender is serving a custodial sentence, including a Home Detention Curfew.

— The offender is subject to an ASBO/CRASBO, (where the offence may constitute a breach) or a community penalty other than a fine.

— The offender is unable to understand the implications of a PND. (This will include circumstances where offenders are deaf/hard of hearing, are unable to read or write, do not understand English, etc.) Officers should make reasonable efforts to ensure offenders understand the implications of a PND, but where these efforts fail, officers will revert to existing disposal options.

— The offender is a foreign national resident outside the UK.

— The statutory defence for an offence under section 5 Public Order Act 1986 would be applicable.

3.5 PNDs should only ever be issued in minor, straightforward cases, as an alternative to either a charge/summons or a formal police caution/reprimand/final warning.

3.6 The issuing of PNDs is not limited to offences directly witnessed by police officers. Officers may issue a PND based upon evidence provided by other reliable witnesses. Where it is necessary to bail people to complete enquiries, a PND can be issued on their return to custody as a means of disposal.

3.7 Officers may consider that offenders known to have previous charges, cautions or PNDs for any penalty notice offences should not be issued with a PND. However, the number of PNDs issued to an individual will not be limited and officers should use discretion, based upon the individual circumstances of each case to judge whether a PND would be an appropriate disposal. For specific advice relating to 16-17 year olds see paragraph 4.2.

3.8 No-one has the right to demand a PND and no-one should be forced to accept a PND. There is no requirement for offenders to admit an offence in order that a PND can be issued. The fact that an offender appears to be intending to contest a case does not necessarily preclude the issuing of a PND, and officers should consider issuing a PND in appropriate cases as offenders may elect to pay a PND fine some time later, having re-considered their situation. Where an offender clearly refuses to accept a PND, officers should revert to existing disposal options. Once a PND has been issued then no alternative form of disposal should be considered.

3.9 PNDs will not be issued where another more serious non PND offence is known to be involved and in these circumstances all offences should be charged together. Where an offender under 16 is jointly responsible for a PND offence with an offender 16 years or over, officers will not issue the older offender with a PND, reverting instead to existing forms of disposal.

3.10 Before issuing a PND it is ESSENTIAL that officers carry out the fullest identity checks possible, including ID documents, driving licence, etc together with PNC, Oasis, Voters Index. A PND will not be appropriate where the alleged offender has no satisfactory address for enforcement purposes. It is imperative that checks to ascertain and verify the identity of the offender are robust.

3.11 Officers may note that Wasting Police Time is a PND offence, and requires DPP consent for prosecution, however for the purposes of the PND scheme, officers may issue PNDs for minor instances of this offence without recourse to CPS advice.

3.12 Regardless of whether or not a PND is issued in relation to an offence, officers should ensure that offenders are referred where appropriate to relevant organisations offering support and treatment for drug, alcohol or substance misuse.

3.13 Where it is clear that offenders are unable to pay for a PND, officers will not issue a PND and existing forms of disposal should be considered. Part payments will not be accepted by the Fixed Penalty Office under any circumstances, and where full payment is not received within 21 days, any monies paid will be returned to offenders, reiterating that full payment is required with 21 days.

4. 16-17 Year Olds

4.1 Officers should exercise particular care when dealing with 16-17 year olds. The PND system does not replace or supersede the established system of Reprimands and Final Warnings for juvenile offenders. Officers may elect to issue 16-17 year olds with a PND if this is deemed to be the most appropriate disposal in the circumstances. As with all juvenile disposal decisions, the Duty Inspector and Custody Sergeant should be consulted before any decision is reached.

4.2 The following advice is provided to assist officers:

— PNDs will only be issued to 16 and 17 year old offenders for minor, straight-forward offences, where the offence does not form part of a pattern of offending behaviour and intervention is unlikely to have an impact. (eg a "one off" single incidence of behaviour).

— PNDs are not intended as a replacement to Final Warnings/Reprimands, and where offenders appear to be vulnerable and in need of intervention, for example due to vulnerable family circumstances, etc then PNDs should not be used and officers should revert to existing forms of disposal to ensure appropriate intervention measures are implemented with local Youth Offending Teams, etc.

— Officers may issue PNDs to 16 and 17 year olds for offences on the streets with no involvement of an appropriate adult, as they can already for minor traffic offences, (eg no helmet on a moped, etc).

— An offender should not receive more than one PND for a recordable offence (ie where we would ordinarily take fingerprints etc). Pending developments to use PNC to record PNs, officers should utilise FLINTS checks to view any offending history. This should ensure that multiple tickets are not issued to 16-17 year olds.

— Local Youth Offending Teams (YOTs) will be informed of the issuing of a PND to a 16 or 17 year old offender, for information purposes. Where a young person has been arrested and is in custody, ICIS will generate a Youth Referral Form (WG 455) in the usual way. Where a young person is dealt with by PND on the street, officers should print off a WG 455 from standard forms on the intranet and complete and forward it to the appropriate YOT. Officers should write "Penalty Notice" in the disposal field of this form, until such time as the form is amended to include PNDs as a disposal option.

5. Issuing a PND on the Street

5.1 A PND may be issued by a constable or special constable in uniform "on the street". (This can include any public or private place). At present Police Community Support Officers (PCSOs) are not empowered to issue PNDs. Given the nature of the offences covered by PND it is likely that 95% or more PNDs for recordable offences will be issued to offenders who are in custody. This would create the potential for a small number of offences not to have fingerprints photographs and DNA taken in respect of them if they were issued on the street. This is a national issue and options to resolve this problem are currently being explored. Until such stage as that further guidance is received PNDs for recordable offences will only be issued to offenders who are in custody in accordance with Home Office Guidance (dated 11 February 2004).

5.2 An officer may issue a PND on the street where:

— Sufficient evidence to prosecute exists.

— The name and address of the alleged offender can be confirmed to the satisfaction of the officer.

— The offender is fully compliant.

— The offender understands the implications of the PND.

— There are no aggravating circumstances, (see above).

— The offence is minor and straight forward.

5.3 Where an offender's identity cannot be confirmed, or where offenders are drunk, likely to become violent, or are non-compliant, etc officers will not issue PNDs on the street, and will take positive action including arresting offenders where necessary. There is no power to arrest or detain an offender purely to issue a PND and officers must have sufficient grounds to arrest using existing powers of arrest, (eg Section 25 PACE 1984, power of arrest for Section 5 Public Order Act 1986, etc). Where grounds to detain an offender no longer exist, for example where an offender calms down or their name and address have been confirmed en route to a police station, officers will not delay their release and will issue PNDs as soon as practicable.

5.4 Where a PND is issued and officers subsequently find that a PND disposal was not appropriate, (for example, where fuller details of an offender's criminal history becomes known, or further evidence regarding the seriousness of the offence emerges), a PND can be withdrawn and an offender prosecuted for an offence in exceptional circumstances, but only where the offender fails to respond to the PND within 21 days. Officers should contact CTO without delay to ensure that the PND is withdrawn, and a full prosecution file for the original offence, including details as to why the PND has been withdrawn, should be forwarded to the appropriate Divisional Support Unit for the raising of summons.

6. Issuing a PND following arrest

6.1 At a police station, a PND can be issued by any constable or special constable, whether in uniform or not. Custody Detention Officers, (CDOs) are not authorised to issue PND's under any circumstances. Once detention is authorised at a police station, custody officers will be responsible for disposal decisions from the range of options, (eg charge, caution/reprimand/final warning, report for summons, NFA), which now includes issuing a PND when the offender is fit to be dealt with.

6.2 Where a custody officer decides that a PND disposal is appropriate, officers dealing with the offender should issue the PND and the custody officer should refuse to charge the offender for that offence. Custody records should be endorsed accordingly with the PND serial number together with details of the issuing officer, and custody officers should use the "Penalty Notice" disposal screen on the Custody System on completion of the process.

6.3 Where officers choose to report or charge an offender with a penalty notice offence, officers should record the reasons why a PND was not deemed to be appropriate on the confidential information form (MG6). This may be due to the severity of the offence, aggravating circumstances, offenders' demeanour, previous PNDs issued or local directives in place to deal with a crime and disorder hotspot. This will enable CPS to respond to any queries raised by Magistrates or defence lawyers, and should prevent court sentencing from undermining the level of PND fines where guilt is proved.

7. Action by offender

7.1 Completion and submission of PNDs is detailed below. Once issued with a PND, offenders have two options:

7.2 Pay the fine within 21 days to the payment office, "The Justices" Chief Executive, Penffynnon, Hawthorne Rise, Haverfordwest, Pembrokeshire SA61 2AZ. Payment of a PND fine is not an admission of guilt and discharges liability for prosecution for that offence.

7.3 NOTE. No payment of PND fines will be accepted by officers or police staff under any circumstances. Offenders CAN NOT pay PND fines at police stations and offenders will be instructed to pay the penalty as per instructions on Part 2 of the PND. Where payment is posted to police stations in error, they should be forwarded to the payment office, "The Justices" Chief Executive, Penffynnon, Hawthorne Rise, Haverfordwest, Pembrokeshire, SA61 2AZ CTO without delay.

7.4 Request a court hearing, by returning the appropriate part of the PND to the CTO. CTO will then forward the PND to (the CJU of) (take out what's in bracket) the issuing officer, who will ensure that a FULL FILE is prepared for trial. Completed files will be forwarded to the appropriate DSU Process Department or CJU responsible for the raising of summons, which will take place in the normal way.

7.5 Where an offender fails to respond to a PND, the fine is increased to one and a half times the amount after 21 days. Further failure to pay will result, in most cases, in the registration of the penalty as a fine, which will be enforced by the courts. In exceptional circumstances, PNDs may be withdrawn and offenders prosecuted for the original offence, (see 5.4 above).

8. Submission and completion of the PND

8.1 Each PND consists of six parts on four pages, which will be completed as below.

8.2 PNDs consist of a carbonated multi-page ticket and officers need to exercise care to ensure that each page of the ticket is legible. Incomplete or illegible PNDs will be returned by CTO to originating officers for remedial action.

8.3 Page one, (white in colour), containing parts 1, 2 and 3, will be the suspects copy of the PND and includes full details of what action they should take on receipt of the PND. The remaining three coloured pages, containing parts 4, 5, 6a and 6b should be firmly fixed together, and submitted before the issuing officer finishes their tour of duty. PNDs will be forwarded without delay to CTO in the same manner as existing traffic PNDs.

8.4 Part 1. Officers should complete all fields in this part of the PND. Officers should invite offenders to sign part 1 of the PND in the appropriate field, acknowledging receipt of the PND. Signature is NOT an admission of guilt by the offender. There is no power to require a signature and offenders are under no obligation to sign. Where offenders refuse to sign, officers should indicate this in the signature field.

8.5 The officer issuing the PND to the offender should enter their details in the appropriate fields in Part 1. The issuing officer need not be the main police witness, and therefore could be an officer dealing with the offender as part of a "handover" following arrest.

8.6 Where an offender in custody may be subject to a PND disposal after some delay, to allow them to sober up/calm down, etc the arresting officer may consider part completing a PND, including the statement of witness on part 6B, (see below), to hand over to other officers. Where a PND is subsequently not used for any reason, a PND should be clearly marked as VOID and forwarded to CTO. Where a void PND is required for disclosure purposes, a photocopy of the PND should be forwarded to CTO.

8.7 Part 2. (Front of page 1, at the bottom). To be completed by the suspect, when paying the fine.

8.8 Part 3. (Rear of page 1, at the bottom). To be completed by the suspect when requesting a court hearing).

8.9 Part 4. (First coloured page). Offender details will copy through from page 1. "Additional Details of Recipient" at bottom of page to be completed in every case, including IC code and Ethnicity 16 + 1 code.

8.10 There is no requirement for officers to complete the "Local Authority Code" field in part 4.

8.11 Part 5. (Second coloured page). All fields should copy through from previous two pages.

8.12 Part 6A. (Third coloured page—front). Officers MUST provide as detailed a description of an offender as possible, to enable identification should offenders subsequently choose to dispute identification. This should include details of marks, scars, tattoos, etc. Where relevant video footage or photographs of offenders exists, (eg custody video recording, or intelligence photos/recording taken by officers with digital cameras, etc), officers should note where tapes or discs are stored with appropriate reference numbers in the "Additional Notes" field. Relevant comments made by the offender after caution, etc should be noted in the "Reply to Caution" field. Officers should also note what ID checks were done in case of identification issues at a later date.

8.13 Officers should include any other information they deem necessary in the "Additional Notes" field, which could include details of other witnesses, etc. Where an offender is arrested in relation to a PND offence, the Custody Record number will be entered in the appropriate field.

8.14 NOTE. Where disclosure of part 6A is required in subsequent court cases, DSU's CJUs and officers preparing files should ensure that all details of non police witnesses included in part 6A are edited PRIOR to disclosure to the defence.

8.15 Part 6B. (Third blue page—rear). This part comprises of a Statement of Witness, to be completed by the main police witness to the offence in question. Officers should complete as full a statement as necessary. In view of the limited space in part 6B officers should continue on a form MG11a, (witness statement, continuation sheet), if necessary. There is no requirement for any other statements to be included at this stage, but any continuation sheets or additional statements (eg from a third party witness or an officer who handed over the investigation having already completed a traditional MG11) should be attached securely to the rear of the PND when submitted to CTO.

8.16 Supervisors are responsible for ensuring that officers complete PNDs correctly and for monitoring the use of PNDs by individual officers. Appropriate action should be taken by supervisors where officers are found to be using PNDs inappropriately or incorrectly.

9. Crime recording

9.1 Notifiable penalty notice offences, (Section 5 Public Order Act is the only notifiable PND offence at present), will be subject of a crime report, as per the Home Office Counting Rules and force crime recording policy. A PND disposal will constitute a sanctioned detection for the purposes of crime recording. When completing form C551/C552 where PNDs are issued, officers should write "Penalty Notice" clearly across the top of the C551/C552. The clear up code of 8C should be entered as a detection code in the appropriate box on the form, (where officers would normally enter 1 for charge, 2 for caution, etc).

9.2 Under the Home Office Counting Rules, officers cannot use a PND for Section 5 Public Order Act or Drunk and Disorderly to detect more serious recorded offences ie Section 47 Assault or Threats to Kill. Where PNDs are used to detect crimes which fall outside of this guidance, the detection will be removed and the crime will remain undetected. If officers have any doubt about the validity of a detection by a PND, they should consult their line manager, divisional senior management or Force Crime Registrar.

10. Central Ticket Office

10.1 CTO will be responsible for recording and administering the penalty notices on the NES computer system.

10.2 CTO will be the central point of contact for all enquiries and correspondence in relation to PNDs. All enquiries relating to individual PNDs received by OCUs/departments (for example letters of mitigation, etc) will be directed to the CTO for recording and action. CTO will either respond to enquiries itself, or may seek views of the relevant BCU/department before responding.

10.3 CTO will retain all PNDs forwarded to them for three years, in accordance with the Force destruction policy.

10.4 On receipt of a request for a court hearing, the CTO will ensure that a full file is prepared for trial in the normal way, in accordance with the file preparation Manual of Guidance.

10.5 CTO staff will NOT accept payments of penalties. Only court staff can accept payment.

11. Recordable Offences—Taking of fingerprints, photographs and DNA

11.1 Annex A indicates which Penalty Notice offences are recordable for the purpose of taking fingerprints, photographs and DNA.

11.2 Where offenders are in custody at a police station upon issue of a PND, fingerprints, photograph and DNA will be obtained in the normal manner, prior to release.

11.3 In accordance with item 5.1 above, until further notice PNDs for recordable offences will only be issued to offenders who are in custody.

12. PNC "Phoenix" Entries

12.1 Upon receipt of the C646, the Phoenix staff will update the subjects record as necessary ie warning signals, descriptive details, known associates and so on.

12.2 The Phoenix staff will record details under the arrest summons number of the PND ticket serial number and details thereon.

12.3 The Phoenix staff will Result the Fixed Penalty Notice on PNC.

SCHEDULE OF PENALTY NOTICE OFFENCE, SHOWING LEVELS OF PENALTY

	Act	Description	Max	Penalty Amount	Arrestable	Notifiable	Recordable
UpperTier £80 1	S 5 Criminal Law Act 1967	Wasting police time. Giving false report	Level 4 (£2500) 6 months	£80	S. 25 PACE 1984	-	Recordable
2	S 43 (1)(b) Telecomm- unications Act 1984	Sending false messages	Level 5 (£5000) six months	£80	S. 25 PACE 1984	-	Recordable
3	S 31, Fire Services Act 1947	Knowingly giving false alarm to fire brigade	Level 3 (£1000)	£80	S. 25 PACE 1984	-	Recordable
4	S 5, Public Order Act 1986	Causing harassment, alarm or distress	Level 3 (£1000)	£80	Conditionally under s.5 POA 1986 & S. 25 PACE	Notifiable	Recordable
5	S. 80, Explosives Act 1875	Throwing fireworks	Level 5 (£5000)	£80	S. 25 PACE 1984	-	-
Lower Tier £40 6	S. 91 Criminal Justice Act 1967	Drunk and disorderly	Level 3 (£1000)	£40	S. 25 PACE 1984	-	Recordable
7	S. 55 British Transport Commission Act 1949	Trespassing on a railway	Level 3 (£1000)	£40	S. 25 PACE 1984	-	-
8	S. 56 British Transport Commission Act 1949	Trowing stones at a train	Level 3 (£1000)	£40	S. 25 PACE 1984	-	-
9	S. 12 Licensing Act 1872	Drunk in highway	Level 1 (£200)	£40	S. 25 PACE 1984	-	Recordable
10	S. 169 (3) Licensing Act 1964	Buying alcohol for an under 18	Level 3 (£1000)	£40	S. 25 PACE 1984	-	-
11	S12 (4), Criminal Justice & Police Act 2001	Drinking in a designated public area	Level 2 (£500)	£40	Conditionally Under s.24(2) & s.25 PACE	-	-

DYFED-POWYS POLICE PATROL STRATEGY (ADDENDUM)

Penalty Notices—Disorder (PND)

Any enquiries in relation to this Strategy should be forwarded to Chief Inspector (Support)—HQ Operations.

INTRODUCTION

Section 1(11) of the Criminal Justice and Police Act 2001 introduced the issue of Penalty Notices—Disorder (PND) by police officers and special constables, for a range of offences involving minor disorder, nuisance and anti-social behaviour. As such the scheme provides a highly effective means of dealing with a range of minor offences (thereby freeing up officers to return to operational duties and reducing court delays) and combating anti-social behaviour within our communities. The use of PND is not designed to cater for serious offences (for which custody or other sentence more severe than a fine would be expected if the offender were to be tried by a court and convicted). The notices provide for two levels of fine (£40 and £80) dependant on the severity/nature of the offence.

Section 87(2) of the Anti-social behaviour Act 2003 has also come into effect and extended the original scheme to allow for the issue of PND to persons aged 16 years and over.

Dyfed Powys Police will implement these provisions from 1 July 2004.

This Strategy document is to be read in conjunction with the Force Policy in relation to PND which covers their use in detail.

STRATEGIC AIM

In support of the Force Crime Reduction and Patrol Strategies the Strategic Aim of the use of PNDs will be:

— To utilise the PND scheme proactively and positively to effectively tackle relevant offences thereby contributing to the aims within "Safeguarding Our Communities".

OBJECTIVES

The specific objectives of the strategy are:

— To more effectively tackle anti social behaviour, disorder, nuisance and minor crime.

— To improve the quality of life of the people living in and visiting our community.

— To make more effective use of police resources by releasing officers for frontline duties.

— To ensure the PND scheme is introduced and used effectively.

DIVISIONAL PLANS

In support of the Strategic Aim, Divisional Commanders will ensure that local plans are devised detailing specifically what steps will be taken to ensure that PNDs are used effectively within their divisions. Such plans will be reviewed quarterly and if necessary will be revised to cater for the fluid nature of anti-social behaviour as a consequence of seasonal changes. The plans will cater for the use of PNDs:

— An every day general patrol activity.

— As a tool of specific pre-planned pro-active operations to tackle anti-social behaviour.

In addition, all operational orders in relation to events at which anti-social behaviour/nuisance may be encountered will promote the proactive use of PNDs to tackle such behaviour.

HQ Operations will also co-ordinate the provision of uniform support for divisions in accordance with strategic guidance from Chief Officer Group. The timing and frequency of this support will be dependant upon operational demand and the need for Headquarters Departments to be able to continue to deliver services.

In addition, requests for resources over and above those available from within divisions and those available as a result of routine HQ support will be fed into divisional and, if necessary, the Force Tasking and Co-ordination process. In appropriate cases further resources may be made available to divisions through the use of inter-divisional mutual aid.

Effective use will be made of intelligence and the Force's analytical capability at both the divisional and Force level to ensure that the use of PNDs and related divisional proactive operations are targeted at disorder and nuisance hot spots thereby maximising their impact.

AWARENESS AND TRAINING

Training

The provision of formal training will be limited to those charged with the administrative control of the system and will therefore be provided to CJU and Magistrates Courts staff only. Issuing PNDs will be very similar to the issue of fixed penalty notices for existing offences. Divisional Commanders will need to ensure that they are satisfied that all officers (particularly those involved in related proactive operations) and particularly supervisors are familiar with the issue of penalty notices. Where there is a need, DTOs may also liaise with Mr Jason Ruddall and/or CJU/CTO who will be able to answer any queries in relation to the processes surrounding PNDs.

Briefing

Divisional Commanders will ensure that these strategic aims, objectives and the use of PNDs is promoted at sectional meetings and at briefings and that all staff are aware of the contents of the Force PND Policy.

SUPERVISION

Supervisors are responsible for ensuring that officers complete PNDs correctly and for monitoring the use of PNDs by individual officers/sections in accordance with Force Policy. Appropriate action should be taken by supervisors where officers are found to be using PNDs inappropriately or incorrectly.

Supervisors should also ensure that effective use is being made of PNDs by officers and special constables under their control and direction.

LOGISTICS

CJU/CTO will ensure that sufficient supplies of PNDs are provided to divisions to ensure that effective use can be made of them from the go live date of 2 July 2004. Divisional Commanders should arrange liaison between the division and CTO regarding the sufficiency of tickets and delivery points within the division.

Thereafter it will be the responsibility of divisions to ensure that stocks are monitored and further supplies ordered from CJU/CTO in sufficient time to prevent divisional stocks becoming exhausted.

Initially, the costs of PND tickets will be born by HQ Operations (CJU) and this will be reviewed prior to the commencement of the 2005-06 Fiscal year.

MEDIA STRATEGY

In support of this Strategy the Press and Media Relations Office will devise an appropriate media strategy which will:

— Publicise the planned introduction of the scheme into the Force.

— Provide details of the drivers for the national scheme.

— Indicate the primary offences covered by the scheme.

— Publicise the planned robust use of the scheme by the Force to tackle nuisance and disorder and to improve the quality of life within communities.

EVALUATION

Corporate Services/Force Audit and Inspection will be tasked to undertake a review of the use of PNDs and their effectiveness. An interim report will be prepared covering the first three months of the operation of the scheme with a final report to cover a six month period of operation. This will allow the consideration of changes to the Force Policy and/or operating practices in order that effective use can be optimised during 2005-06.

In addition, divisions will ensure the effectiveness of local implementation through their assessment strategies conducted under NIM. Updates in respect of such performance will be provided to the Force Performance and Planning meetings.

2. Anti-Social Behaviour Orders

NB. This Protocol is still in draft form and awaits outcomes of consultation with, and approval from, the Crown Prosecution Service and the ASB Co-ordinators within Dyfed—Powys. Text printed in red marks issues for discussion.

COMMUNITY SAFETY PARTNERSHIP

Anti-Social Behaviour Orders Protocol

1. Introduction

1.1. The purpose of Anti-Social Behaviour Orders (ASBOs) under the Crime and Disorder Act 1998, is to protect local communities from the harassment, alarm or distress that can be caused by anti-social behaviour, ie it is in effect any behaviour which prevents others enjoying an acceptable quality of life.

1.2. Anti-Social Behaviour is any action likely to cause harassment, alarm or distress and can involve for example unruly and drunken behaviour/threats, abuse, graffiti, damage.

1.3. There is no requirement to demonstrate that every other remedy has been exhausted before applying for an ASBO. The key is that an ASBO should be used where it is the most appropriate remedy. Other remedies include:

— Mediation

— Home Visits

— Letters

— Use of Existing Legislation

— ABCs (Acceptable Behaviour Contracts)

There are two types of ASBOs:

(i) Civil Court Hearing ASBO without other Criminal Proceedings—commonly known as a Stand Alone ASBO and will be referred as such throughout this document.

(ii) ASBO on conviction for a criminal offence.

1.4. An order can be made against an individual who is aged 10 years or over who acts in a manner that causes, or is likely to cause harassment, alarm or distress to one or more people, not in the same household as himself/herself.

1.5. For the purposes of obtaining an ASBO the applying agency must show that the defendant behaved in an anti social manner and that an ASBO is necessary for the protection of persons from further anti-social behaviour by him/her.

This is sometimes referred to as the "Two Stage Test".

1.6. Application for ASBOs within an Area will be made either by the Dyfed Powys Police or County Council. However the Police Reform Act 2002 enables ASBO applications to be made by British Transport Police and Registered Social Landlords who are required to consult both the local authority and police when applying for such an Order.

1.7. The minimum duration for an order is two years. The orders are preventative and intended to be used to put an end to anti-social behaviour.

1.8. Orders should include a prohibition on inciting/encouraging the commission of specified anti-social acts within the meaning of the Crime and Disorder Act 1998, including, where appropriate minors in the household and by others over whom the person subject to the order has any control. Any prohibition must be negative. There is no power to compel an individual to do anything, only not to take particular actions.

1.9. A breach of an order without reasonable excuse is an arrestable offence. In the case of an adult the maximum penalty on conviction in the Magistrates Court is six months imprisonment or a fine not exceeding £5,000 or both; at the Crown Court the maximum penalty is five years imprisonment or a fine or both.

2. Partner Agencies

2.1. The agencies which are members of the Community Safety Partnership are:

— County Council (May include Social Services, Education, Housing, Highways etc).

— Dyfed Powys Police

— Mid and West Wales Fire Service

— Local Health Board

— Police Authority

The above listed agencies are "Responsible Authorities" under the Crime & Disorder Act 1998.

In some areas the partnership may also include the following:

— Youth Offending Team

— National Probation Service (Dyfed Powys Area)

2.2. See Appendix A. for the Anti-Social Behaviour Coordinators.

3. Purpose of Protocol

3.1. This protocol sets out agreed procedures for considering and making an application for both types of ASBOs, and applying for the variation and discharge of an ASBO. The protocol should be read in conjunction with Home Office Guidance entitled "A Guide to Anti Social Behaviour Orders and Acceptable Behaviour Contracts" available on Home Office website—

3.2. Under section 127 of the Magistrates' Courts Act 1980, an application for a Stand Alone ASBO (by complaint) must be made within six months of the behaviour taking place, although earlier incidents may be used as background information to support a case.

4. Equality and Discrimination

4.1. An application for an ASBO will only be considered where it is necessary to protect individuals or families who are the targets of anti-social behaviour or whose lives or communities are being blighted by such behaviour. An application will not be made against people simply because they are different from their neighbours or engage in activities which are different, for example because they belong to another race or religion. Every effort will be made to ensure complaints are not motivated by discrimination/victimisation on the grounds of race, disability, sex, sexual orientation, age, religion or creed.

5. Human Rights and ECHR Considerations

5.1. All parties to this protocol will comply with the Human Rights Act 1998 at all stages of the process, taking into account the need to protect the rights and freedoms of members of the community at large as well as those of the defendant.

5.2. Officers in charge of cases will endeavour to ensure:

— All procedural and substantive rights under the Human Rights Act are complied with;

— Any interference with the defendant's rights which is sought in the ASBO is necessary and in accordance with the provisions of the Human Rights Act;

— The proposed terms of the ASBO are reasonable and proportionate to the anti-social behaviour in question; and

— The ASBO being applied for is not in such terms that the defendant is bound to breach it, ie the prohibitions sought should be practicable and enforceable.

5.3 Care will be taken in assessing what is reasonable and proportionate to uphold people's rights not to be disturbed by anti-social behaviour.

6. Information Sharing

6.1. In accordance with Section 115 of the Crime and Disorder Act 1998 and the provisions of the Data Protection Act, each partner agency will exchange information relating to complaints of anti-social behaviour and in doing so will appoint a Designated Information Liaison Officer to provide such information in accordance with this Protocol.

It is suggested that the Designated Information Liaison Officers for the police and local authority should be the Section Police Inspector and Local Authority Community Safety Coordinator respectively.

Contact details of Police Inspector Stations and ASBO/Community Safety Co-ordinators are listed at Appendix A.

6.2 Where an agency becomes aware of behaviour or patterns of behaviour, which might require an ASBO, it will immediately notify the ASBO Coordinator and Section Police Inspector in all cases.

At Appendix B is an inter agency template Referral Form to assist the information sharing process.

7. Problem Solving Group

7.1 The administration of this protocol in operational terms will rest with the Group established within each county area to deal with issues surrounding Anti-Social Behaviour Orders. This group will hereafter referred to as the "ASBO Group"" and will be initiated by the ASBO Co-ordinator, who will on a case by case basis invite participation as appropriate. Also dependent on the circumstances agreement will be reached as to the lead agency who will have subsequent lead responsibility for arrangement of meetings, administrative support and informing the ASBO Co-ordinator of the outcome.

7.2 The purpose of the Group will be to:

(a) Ensure that complaints have not been made as a result of malice or discrimination;

(b) Decide which agency takes the lead,

(i) Supporting the victims and witnesses of anti-social behaviour;

(ii) Preventing further anti-social behaviour.

In cases where the anti social behaviour concerned impacts upon more than one local authority area, the ASBO Co-ordinator for the neighbouring area will need to be consulted and involved In the process.

8. Recording of Complaints

8.1 Complaints of alleged anti-social behaviour can be made in person at any public office of each Partner Agency, or by telephone, fax or e-mail.

8.2 Upon receipt of such a complaint the receiving agency will undertake an assessment as to its final disposal which shall include consideration as to whether or not the matter need be referred to the ASBO Co-ordinator and/or Police Section Inspector. It is recognised that whilst not underestimating the value of information sharing in this context that agencies need to retain objectivity and an element of discretion as to case handling.

8.3 Whilst each agency will maintain their own records as determined by their organisational needs it is important that in order to maintain an "area-wide" overview that the ASBO Co-ordinator is in a position to report upon the local position. To this end it is imperative that all significant information as regards anti-social behaviour problems be routed to this individual eg details of any cases which have attracted actions to combat anti-social behaviour such as attempts to engage individuals on Acceptable Behaviour Contracts. The Anti-Social Behaviour Co-ordinator should be informed of any steps taken as set out in paragraph 1.3 of this document.

9. Administering of Complaints

9.1. Records of cases dealt with will be maintained by the ASBO Co-ordinator.

9.2. Each operational lead within agencies will monitor complaints of anti social behaviour and in cases deemed suitable seek to gather further information from partner agencies including discussion of a potential ASBO application. This will be particularly relevant in cases where repeat incidents of anti-social behaviour are being reported. It is emphasised that in cases where an ASBO is being considered the ASBO Co-ordinator must be informed.

10. Preparing For Stand Alone ASBO

10.1 The convened ASBO Group will reach agreement on which agency is most appropriately placed to take the teal on a case by case basis. In general terms however the lead agency pursuing an ASBO will be:

(i) County Council where:

The incidents take place on council housing estates or on local authority land.

(ii) Dyfed-Powys Police where:

The incidents occur in shopping precincts or other community areas;

The individual is also subject to related criminal proceedings.

10.2 In all cases involving an adult the National Probation Service will be consulted and where appropriate will provide an assessment to the ASBO Group as soon as is reasonably practicable. (Normally within seven working days)

10.3 ln all cases where the individual is under the age of 18 years, the X Youth Offending Team will be consulted and where appropriate will provide an assessment to the ASBO Group as soon as is reasonably practicable. (Normally within seven working days).

10.4 Where the individual under consideration is a child or young person under the age of 18 years, the Youth Offending Team, the Social Services and Education Department will be represented on the ASBO Group when considering the case.

10.5 Where the individual is a child who is subject to a local authority Care Order or accommodated by the local authority, the Director of Social Services will either be represented on the ASBO Group or consulted by the Youth Offending Team in advance of any discussion or decision.

10.6 Where the individual is considered to be vulnerable (by reason of age or disability) or to have significant social or health problems (drugs, alcohol misuse or mental health), the Social Services and Local Health Board will be consulted. The Group pay particular attention to the likely ability of the individual to understand the terms of an ASBO.

10.7 Where harassment is of a racial or homophobic nature, the Group will give due consideration to consultation with relevant representative group as appropriate.

10.8 Where the accommodation in which either the individual or the victim is residing is that of a Registered Social Landlord, then the Registered Social Landlord will be represented on the ASBO Group from the outset.

10.9 Related Criminal Proceedings

Where the individual is also the subject of related criminal proceedings, or is appealing against conviction, the decision to apply for an ASBO may be frozen to let the criminal proceedings take their course. However, where there has been no conviction as yet, and the ASBO Group considers an ASBO to be a more effective means of tackling the anti-social behaviour , it may decide to proceed with the application; following consultation and agreement with the Crown Prosecution Service (or relevant prosecuting agency).

The Senior Crown Prosecuting Solicitor will chair a group of nominated CPS Lawyers to deal with ASBO issues and implementation and will liaise on a quarterly basis with the Police regarding ASBO issues.

11. Evidence in Support of an ASBO Application

11.1 The lead agency will be required to prove its case under civil rules of evidence and according to civil standards of proof. However, the Court will need to be satisfied beyond reasonable doubt (ie to criminal standard of proof) that the defendant has acted in an anti-social manner ie in a manner which caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household as himself/herself.

In effect this means that the criminal standard of proof applies to past acts of anti-social behaviour alleged against the defendant.

11.2 Magistrates are used to dealing with the expression "harassment, alarm or distress" as this is contained in Section 5 Public Order Act 1986 and the expression "likely to cause" means that someone other than the victim of the behaviour can give evidence of its occurrence.

11.3 This is intended specifically to validate the use of professional witnesses to provide evidence to the Court where victims feel unable to come forward, eg for fear of reprisals or intimidation. Professional witnesses should be able to give evidence from their own direct observations of the behaviour.

11.4 An application must be made within six months of the behaviour giving rise to the complaint.

The lead agency will note that owing to the Rehabilitation of Offenders Act 1974 evidence of spent convictions are inadmissible in ASBO application proceedings (unlike applications for Sex Offender Orders)

12. Applying for Stand Alone ASBO

12.1 Application for an ASBO is by way of a complaint to the Magistrates Court acting in a civil capacity.

12.2 The person in charge of the case will be responsible for preparing an ASBO application. In the event of the Police being the lead agency the Officer tasked with preparing the case will liaise with the Force Litigation Officer. Similarly the local authority if taking the lead will consult with their legal department. The file will contain:

— Case summary

— Certificate of consultation (example at Annex G)

— Evidence in support of the application

— Proposed terms of the ASBO being applied for

— ASBO application form

— Summons form

— Certificate of service

— Video/CCTV Evidence.

12.3 The case summary will include:

— Details of the individual or individual members of a group or family (including any previous convictions)

— Outline of the incidents involved

— Welfare issues relating to the defendant, demonstrating that there has been consultation between appropriate agencies

— Adequate and appropriate information about the defendant and his or her family circumstances

— Evidence that consideration has been given to ensure that the defendant has not been victimised or discriminated against on the grounds of race, sex, disability, creed, religion, sexual orientation or other grounds.

— Evidence, where available, of attempts at mediation and of warnings, Acceptable Behaviour Contracts etc.

Attached at Appendix E is an ASBO Application/"File Check List" to assist preparation of case papers.

Also at Appendix F is a specimen application for an ASBO.

12.4 Proposed terms of the ASBO

The application will include:

— Details of the prohibitions applied for:

(i) Must relate to actions already committed by the defendant and which the applicant thinks will be committed again if no ASBO is granted

(ii) Must be reasonable and proportionate

(iii) Must be realistically practical

(iv) Must be clear, concise and accurate

(v) Must specify time and place, using Ordnance Survey maps to show prohibited areas

(vi) Must not be mandatory—ie worded to compel the defendant to do specific actions

(vii) Need not be confined to acts which are already criminal, but may also prohibit actions which, although not criminal themselves, would be necessary precursors to a criminal act—eg a prohibition on entering a shop, rather than shoplifting.

— The application will also include details of the duration of the ASBO.

12.5 Summons Procedures for Stand Alone ASBO

The person in charge of the case will arrange for a summons to be completed, with a copy retained on the application file, and for the defendant to be served with;

— The summons

— A copy of the completed ASBO application

— A copy of the certificate of consultation (Appendix G)

— Guidance on how the defendant may obtain legal advice and representation

— Any notice of hearsay evidence

— Such evidence in support of the application as agreed with the lead agency's solicitor

— A formal warning to the defendant that it is a common law offence to pervert the course of justice, and that witness intimidation is liable to lead to prosecution.

Wherever possible the summons should be served in person, or served by first class post to the defendant's last known address. The certificate of service will be retained on file.

Where the defendant is a child or young person, a person with parental responsibility must also receive a copy of the summons.

13. Anti-Social Behaviour Orders—Guidance for Requests for Imposition following sentence For Criminal Conviction

Anti-Social Behaviour Orders (ASBOs) were introduced by virtue of the Crime and Disorder Act 1998. The Police Reform Act 2002 strengthened the provisions and made it possible for a criminal court to impose such an Order at the same time as passing sentence for a criminal conviction.

13.1 This guidance includes procedures agreed between the Crown Prosecution Service and Dyfed Powys Police on how such cases will be handled. It is stressed that the Crown Prosecution Service will not normally be involved in full applications for Anti-Social Behaviour Orders. However upon conviction and sentence for a relevant offence the CPS representative will apply to the courts to impose an ASBO on application by the Police.

Relevant offence = an offence committed after the coming into force of section 64 Police Reform Act 2002

If the court considers that the offender has acted since the commencement date in an anti social manner ie a manner that caused or was likely to cause harassment, alarm or distress to one or more persons not of the same household;

AND that an Order is necessary to protect persons in any place in England and Wales from further anti social acts by the offender;

it may make an order prohibiting that offender from doing anything described within the Order .

13.2 Following a conviction in criminal proceedings whether they be in the Magistrates Court, Crown Court or Youth Court—an Order may be imposed over and above any sentence for the criminal offences proven.

N.B. It should be noted that the imposition of an ASBO is not part of the sentence that the offender will have received for the criminal offence and such an Order can ONLY be made in addition to a sentence or conditional discharge.

13.3 The court may make such an Order following conviction either on its own initiative or an Order can be requested by the Police (or Local Authority) who should be in a position to make representations to the court in support of such a request.

(An Order contains prohibitions NOT penalties).

13.4 In order that the Prosecutor is fully informed as regards the potential for the court to impose an ASBO it is essential that the criminal case papers are supplemented by relevant additional material to support such a request.

— The material that can practicably be placed before the Court on a sentence application is necessarily effected by time pressures.

— The ASBO application will be heard as part of the sentencing exercise. Contentious material, outside the circumstances of the criminal offence and antecedents, may lead to a reluctance to make an Order.

— The refusal to grant an Order, when reference has been made to such other material, may prejudice a separate application for an Order based on that and other material.

— Material based upon the circumstances of the offence and antecedents is stratighforward and unchallengeable.

— At this stage, there is seen to be little additional merit in introducing hearsay evidence in the form of Storm messages.

— The material and support of an ASBO may be based upon:

(a) The facts of the criminal case.

(b) The Defendant's antecedents.

— Except in exceptional circumstances, the material to support a sentence ASBO will be based solely upon the circumstances of the case and detailed antecedents.

— If , in exceptional circumstances, it is sought to introduce other material for a sentence ASBO, then there should firstly be liaison between the authorising Officer and the CPS Lawyer.

13.5 When it is requested that a court consider the imposition of an Anti-Social Behaviour Order the Police/CPS may propose that certain prohibitions be incorporated within such an Order. Points to be taken into account when considering prohibitions may include:-

— Prohibitions to combat the range of Anti Social Acts committed by the defendant

— Prohibitions necessary for protecting person(s) within a defined area from the anti-social acts of the defendant

— Reasonableness/proportionality

— Justifiable/practical

— Are the prohibitions clear, concise and easy to understand?

— Are the prohibitions specific when referring to matters of time?

— Are the prohibitions specific when referring to exclusions from areas ie clearly identifiable locations and boundaries?

— Are the prohibitions worded in terms which make it easy to determine and prosecute any breaches?

— Should contain a prohibition on inciting/encouraging others to engage in anti social behaviour?

— Does the prohibition list serve to protect all people who are in the area covered by the Order from the behaviour? (as well as specific individuals)

— Do the suggested prohibitions cover acts that are anti-social in themselves and those that are precursors to a criminal act? eg a prohibition on entering a shopping centre rather than on shoplifting

— May include a general condition prohibiting behaviour which is likely to cause harassment, alarm and distress

— May include a prohibition from approaching or harassing any witnesses named in the court proceedings

13.6 In Order to highlight the potential imposition of an ASBO following sentence for criminal matters it is imperative that the case papers are clearly endorsed to the effect that an Order is being requested.

14. Procedures

— Any request by the Police for an ASBO sentence application should be authorised by the Sectional Inspector.

— The need for an ASBO will have to be identified by the Police upon charge.

— The Narey/remand papers should be accompanied by an ASBO submission form (confidential) which should include details of the prohibitions required and why; the evidence relied upon with full antecedents attached; with a map showing the geographical area concerned attached to the form; endorsement of the Inspector's autthorisation.

— The MG6 form will also be ticked with the request for an ASBO application.

— The antecedent package, which will accompany the ASBO form, should replicate the Crown Court antecedent style with its narrative stressing anti-social elements.

— The time pressures have been referred to the above. To cater for the competing time pressures, the following is recommended:

14.1 Narey Files—unconditional/conditional bail (non PYO)—the Defendant will be bailed to the next Narey Court after fourteen days. The Narey/ASBO package will be submitted to CPS within seven days of charge.

14.2 Remand Defendants—the ASBO form—together with a blank application form and blank order—will accompany the remand papers. A full Court PNC print out should also be included. If the case is adjourned, the normal procedure will then apply. If the Defendant is sentenced on the first remand day, the CPS will consider whether it is appropriate and practicable to proceed with the application on that day and, if so, will prepare the application and order and serve the Defence and Court.

14.3 PYOs—the normal Narey bail periods will apply.

14.4 The authorising Inspector will e-mail Unit Heads giving early notice of any pending ASBO Narey submission, he will also notify the ASBO Co-ordinator. This will apply in ALL cases.

14.5 The CPS will prepare the application and draft Order and serve these documents, with a letter giving notice of the intention to apply for an ASBO upon sentence, upon the Defence and Court. The papers will be served upon the Defence with Advance Disclosure. The Court documents also will be served at the same time.

Copies of the application and draft Order will be supplied to the authorising Inspector. There will be liaison with that Inspector if major amendments are made to the prohibitions or about decisions not to apply.

Each CPS Unit—including the Trials Unit—will nominate a Lawyer (Lawyers) to deal with ASBO applications.

The Crown Prosecution Service will seek to have such nominated Lawyers dealing with hearing before the Magistrates' Court.

Can the same Lawyer deal with a criminal matter as well as the breach of ASBO in such hearings.

15. Witnesses Attending Court

15.1 The person in charge of the case will inform the case solicitor of the availability of witnesses and liaise with the Justices Clerk on whether the witnesses will be required in court.

16. Procedure on Hearing an Application for both types of Order

16.1 The application for an ASBO is by complaint to the Magistrate's Court acting in its civil capacity, whether or not the defendant is 18 or over.

16.2 Where the defendant is under 18, the question of reporting restrictions is for the court, the lead agency may need to resist a call from the defence for such restrictions if the effectiveness of the ASBO will largely depend on a wider community knowing the details.

16.3 Where an ASBO is granted, the Magistrates' Court Clerk will undertake to serve a copy of the ASBO on the defendant prior to his or her departure from court. Where the defendant is under 18 the court may also consider making a parenting order and a copy of the ASBO will be given on the day of the hearing to the lead agency and Youth Offending Team.

16.4 The CPS will liaise with the Magistrates' Court regarding court arrangements for post conviction ASBOs.

With Youth cases issues regarding YOT liaison need to be resolved.

17. Appeal Against both types of Order

17.1 An appeal against the making of an ASBO is to the Crown Court. The agency, which brought the application, will take charge of defending any appeal.

17.2 A brief package will be prepared in order that counsel can be comprehensively instructed regarding ASBO applications in any Crown Court proceedings.

18. Post-Order Procedure

18.1 Details of orders granted should be sent to the ASBO Co-ordinator who will ensure that partner agencies are also informed. The Head of Community Safety, Dyfed Powys Police will maintain a force-wide list of orders granted (which will include unsuccessful applications) which will be shared with ASBO Co-ordinators as appropriate.

18.2 Where the lead agency is not the police, a court copy of the ASBO will be forwarded immediately to the police.

18.3 It is imperative that the lead agency also informs all partner agencies, witnesses, victims and ASBO Co-ordinator, so that all breaches can be reported and acted upon.

18.4 The Head of Community Safety, Dyfed-Powys Police will in conjunction with staff from the Criminal Justice Unit ensure that details of orders are inputted onto the Police National Computer—this will apply regardless of whether or not the police are the lead agency involved.

18.5 Where appropriate, the Youth Offending Team will ensure the defendant understands the seriousness of the ASBO and arrange appropriate support programmes. Process flowcharts summarising the relevant steps to be taken in considering and applying for both types of applications is attached at Appendices C and D.

19. Breaches of an ASBO

19.1 Information on a breach of an ASBO will be referred to the Police and ASBO co-ordinator.

19.2 Breach of an ASBO is a criminal offence and the police will be the lead agency in its investigation and prosecution.

19.3 Details/copies of breaches of behaviour contract could be used when the breach is incorporated in the circumstances of the criminal offence.

19.4 Where the defendant is under 18, the police may wish to consult the Youth Offending Team on whether to prosecute. In the case of a first offender, it may be appropriate to consider a final warning.

20. Prosecution of ASBO Breaches

20.1 Breaches can be prosecuted either by the CPS or the Local Authority. The CPS would wish to prosecute any breach in respect of a sentence order and would, of course, prosecute a breach of any other order if so requested by the Police. Breach of an order is a criminal offence (therefore the criminal standard of proof applies) which is arrestable and recordable.

(i) Issues regarding responsibility for prosecuting breaches of ASBO Orders need to be resolved. The position needs to be clarified with the Local Authority.

(ii) Issues regarding liaison with the ASBO co-ordinator need to be resolved.

21. Variations and Discharge of an ASBO

21.1 Variation and discharge of an order are by way of a complaint to the court.

21.2 The original lead agency or the defendant can make the application for variation or discharge. An order cannot be discharged within two years of its service without the agreement of both parties. An order made on conviction cannot be discharged before the end of two years.

In cases where it is considered necessary to consider varying prohibitions or discharging an order then the applicant will need to consult with the ASBO Group prior to pursuing such a course.

21.3 The Magistrates' Court Clerk will send details of the variation or discharge of any ASBO to the Divisional Commander, Division, Dyfed-Powys Police, and to the ASBO Co-ordinator within 24 hours. Each agency will then update their records.

22. Review

22.1 The effectiveness of this protocol will be reviewed on an on-going basis through dialogue between the ASBO Co-ordinators, Head of Community Safety Dyfed-Powys Police and CPS. These individuals will meet annually or otherwise as appropriate in order to undertake this function.

1 Force Management Information Unit Quarterly Bulletin End of Year 2003-04. Back

2 Crime and Disorder Reduction Partnerships are termed "Community Safety Partnerships (CSPs)" in Wales, since the inclusion of local Drugs and Alcohol Teams (DATs) within partnerships, and will henceforth be referred to as such. Back

3 Refer to Appendix E for a list of ASB types issued by the HO. Back

4 Further reference will be made to the Citizens' Panel responses during the Consultation stage of the review. Back

5 Following authorisation by a senior Officer in conjunction with the Local Authority. Back

6 ASBO numbers have not been recorded by MIU prior to this. Back

7 Officer reports re outcomes of ABCs drawn up with problem youths in Pembroke Dock (2003) Back

8 Information provided unofficially from Police Officers and ASB Coordinators within each BCU. Back

9 Community Safety HQ will be headed by a Superintendent in September 2004; it is as yet undecided whether the post of Chief Inspector will be retained within the Department. Back

10 Refer to Annexes A-D (1) for details of partner agencies within each BCU. Back

11 Building Safer Communities Fund 2004-05 and 2005-06-£25,000 per annum for two years. Back

12 Funded through the Welsh Assembly Government (Section 126 of the Housing Act 1996). Back