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 BCU72 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 involvedfor
example "Crime-Disturbance" and "Miscellaneous-Other".
Moreover, until the advent of the National Crime Recording Standards
(NCRS) in April 2002, many ASBrelated 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 areafor
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 communitybehaviour
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 to escort young people under
16 years to their homes after 21:00 hours, if they are seen acting
in an anti-social manner in a public place where ASB is a recognised
problem,[5]
and if they are not accompanied by an adult. (Section 30: Anti-social
Behaviour Act 2003).
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 2002power
of seizure of vehicles which are being driven in an anti-social
manner has been used by officersfor 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 BCUfor 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.
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 meetingsfor
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 BCUsrefer 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 levelie Level 1within
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 Officersin 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):
The Force External Survey.[13]
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 purposefor 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 (2003-06)run
through WAG and provides funding with the intention of helping
Police Forces play a full and active role in the delivery of CSPs'
strategies. As such, BCU Commanders must agree their spending
plans with their Community Safety Partners.
Communities First is a long-term programme
by WAG. The aim of the programme is to improve opportunities and
quality of life in the most disadvantaged communities in Wales
as identified by the Welsh Index of Multiple Deprivation. Funding
is provided partly by WAG, and partly through other sources (Lottery,
European Funding etc). Areas identified as disadvantaged within
Dyfed-Powys which will benefit from this funding during the present
fiscal year are: Monkton and Llanion (Pembrokeshire), Pantyfynnon,
Llwynhendy, Tyisha and Glanymor (Carmarthenshire) and Ystradgynlais
(Powys).
The Building Safer Communities (BSC) Fund (2003-06)
is a three-year programme of funding available to CSPs that is
channelled directly to LAs, who act as the "Accountable Body"
for partnerships. One of the conditions laid upon BCU Commanders
in deciding their priorities for spending under the terms of this
fund is that they take into account delivery at the local level
of the policing priorities contained in the NPP, which include
tackling ASB. Details of the funds allocated to each BCU are set
out in Appendices A-D. Part of the BSC funding has been allocated
for a two-year period to fund the creation of ASB Co-ordinator
posts within each CSP.
Safer Communities Fund (2003-05) is a WAG
fund aimed at supporting CSPs in working with local communities
to address the underlying causes of crime and criminality.
Small Retailers in Deprived Areas. The
aim of the project is to improve the security of small retailers
in the 10% most deprived areas in England and Wales by providing
a range of interventions to individual shops or groups of shops
such as better locks and toughened glass or by making improvements
to their immediate environment, such as better lighting.
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.
Pembrokeshire Small Retailers.
The Substance Misuse Action Plan Fund (Formerly
the Drug and Alcohol Action Fund). This funding supports Partnerships
comprising CSPs (including Police Forces) and Local Substance
Misuse action teams in tackling drug and alcohol-related problems
within the local community, and in so doing supports action against
ASB.
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, which
will provide funding to support the recruitment of 20,000 PCSOs
nationally, and aid the development of Neighbourhood Policing
Teams within all forces (see below). Within Dyfed-Powys Police
Force, BCU Commanders have been tasked by the Chief Constable
to identify areas within their units which would most benefit
from deployment of extra PCSOs. Details of funding allocation
for each Force are not yet available (as at 04/08/04).
The Safer and Stronger Communities Fund (available
from April 2005), which is available to CSPs in order to support
measures intended to counter Crime and ASB, and to improve "liveability"
within local areas. For details of funding secured by each BCU
for the current fiscal year, refer to Appendices A-D (3).
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 specificallythese 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
BCUsfor 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 Patrol Strategy (Adendum)Penalty
Notices for Disorder. [17]
Dyfed-Powys Police Force PolicyPenalty
Notices for Disorder.
7.3 Force Protocols
Dyfed-Powys Protocol for Data Sharing (Section
115Crime and Disorder Act 1998.
Dyfed-Powys Police Force CCTV Protocol.
Dyfed-Powys Police Acceptable Behaviour Contract
Protocol.[18]
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
CSPsrefer 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 IndicatorBVPI122) 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 IndicatorsSPIs) 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
2Confidence Measures and SPI 10Quality 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 areathis 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;
Numbers of ASBOs and ABCs issued.
8.2.12 Another indicatornumber of reactive and
proactive visits to licenced premisesalso 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 Constablesincluding
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 CampaignPowys 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 Ceredigionthrough 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 incidentsrefer
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 PerspectiveThe 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 PerspectiveData 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 incidentrecording
categories including the most numerically significant, "MiscellaneousOther,"
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:
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 Policefly-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:
11.1.11 By far the most prevalent type of ASB is of the
"Nuisance/Rowdy" type.[23]
This includes behaviour such as:
Impeding access to communal areas;
Games in restricted/inappropriate areas;
Hooliganism/loutish behaviour;
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 BCUsee Figure
1.
BCU | ANuisance 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 calls5,022,
compared with the next most numerous incident headings (Road related-Other3,566
calls, and Crime-Other3,150 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
(04/05/0414/07/04) 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 VehicleInappropriate Use
260 Vehicle Nuisance
310 DisorderPublic Place
311 DisorderLicenced Premises
317 Drunkennes
318 Street Drinking
319 Harassment
320 Disorder Street/ Domestic
322 Other DisorderDwelling
334 Noisy Alarm
340 Civil Dispute
370 Neighbour Dispute
371 Noisy Party
372 NoisePubs/Clubs
374 FootballInappropriate Areas
377 Inappropriate Gatherings
381 PhoneNuisance
382 Phone Hoax
390 NoiseBusiness/ 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:
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;
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:
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 GovernmentSafer 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 Tarianthe
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);
National Probation Service (Dyfed-Powys);
The Mid and West Wales Fire Service;
The Mid Wales Youth Offending Team;
Ceredigion Substance Misuse Action Team (SMAT);
2. CUSTOMERS:
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 Fundalthough 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 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 Tarianthe
intelligence-led policing project which tackles organised crime
gangs and the illegal supply of heroin and crack cocaine.
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 systemsThere 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.
ANPRone 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 CamerasEach station has recently been issued
with digital cameras which can be used by all officers to record
crime scenes etc.
Exhibition VehicleThe force's exhibition vehicle is
used to publicise iniatives around the BCU. This vehicle is resourced
by community safety and beat officers.
Community Safety DeptThis 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 OfficersThere are two officers within
the division, based in Aberystwyth and Ceredigion
Licensing OfficerOne officer covers the whole BCU,
works with each section Inspector to deal with licensing issues.
PPU DeptBased 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;
Pembrokeshire Women's Aid;
Milford Haven Port Authority;
British Transport Police;
Signals RegimentBrawdy.
Pembrokeshire County Council Licensing Team
2. CUSTOMERS:
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 basisthrough 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 periodscovering
hot spotsas 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 GovernmentSafer 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 Tarianthe
intelligence-led policing project which tackles organised crime
gangs and the illegal supply of heroin and crack cocaine.
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 termshort notice funding).
OPERATION ASSUREBid 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 ieprovision of youth shelter,
improved street lighting, estate clean-ups, CCTV installed in
resident center, resources for youth room at Mount Residents'
Centre-Acorn (musical equipmentfurnitureIT). Improved
physical security to private dwellings.
SMALL RETAILERS IN DEPRIVED AREAS FUNDover
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.
CCTVTown 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.
CCTVvehicles. £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 vehiclesmeaning
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).
CCTVmobile 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 ProjectAs 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 offendingthe 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 Officersfunded following
a CSP bid to WAG which resulted in 50% funding for two posts£34,000.
Youth Offending Team OfficerFull 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 officerpaid
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.
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 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.
CCTVTown Centre Systems (five)Haverfordwest:
15 cameras, Pembroke/Pembroke Dock: nine cameras, Tenby: five
cameras, Milford Haven: three cameras, Fishguard: two cameras.
CCTVvehicles (eight)
CCTVmobile (one)
ANPR (four)
Domestic Abuse CoordinatorPiper Lifeline phones (20),
mobile phones (10), GPS monitored phone.
School Liaison officersLaptop computers, printer,
Powerpoint projector.
Youth Offend Team OfficerVehicle, laptop, drug cases,
projector
Police Mountain Bikes and cycling equipment for officers
(five)
Mercedes V220 MPVFunded through BCUused by
Community Safety, CSP, Licensing Team, ANPR platform, section
ANPR operations/crime prevention days, personnel transport etc.
Ford GalaxyFunded through WAG/Sponsorshipused
by Burglary Reduction Co-ordinator, Community Safety, CSP, Licensing
Team, etc.
Digital CamerasAll stations have digital cameras for
photographing victims injuries/damage etcpictures can be
viewed during interviews on TV cubes.
There are two school Liaison Officers, and one Licencing
Officer.
ANNEX D
POWYS
1. PARTNERSHIPS:
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):
Radnorshire & Brecknockshire Women's Aid
Montgomeryshire Family Crisis Centre
2. CUSTOMERS:
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 GovernmentSafer 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 Tarianthe
intelligence-led policing project which tackles organised crime
gangs and the illegal supply of heroin and crack cocaine.
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 Strategymonthly 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 DesignationAnti-social Behaviour Co-ordinator
Division and SectionPublic Sector of Housing Division
of Department of Environmental Services and Housing
Post
LocationAberareon
SalarySalary Scale SO1 (30 hours pro rata)
Car AllowanceEssential
Job PurposeTo 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
DESIGNATIONANTI-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
LocationAberaeron
SalaryScale 6
Car AllowanceEssential
Job PurposeTo 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:
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. 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 NoticesDisorder
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 NoticesDisorder (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;
homophobic or racially motivated incidents;
Forms part of a pattern of harassment or intimidation;
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 pagefront).
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 pagerear). 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 OffencesTaking 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 NoticesDisorder (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 NoticesDisorder (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 DyfedPowys. 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:
Use of Existing Legislation
ABCs (Acceptable Behaviour Contracts)
There are two types of ASBOs:
(i) Civil Court Hearing ASBO without other Criminal
Proceedingscommonly 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).
Mid and West Wales Fire Service
The above listed agencies are "Responsible Authorities"
under the Crime & Disorder Act 1998.
In some areas the partnership may also include the following:
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,
(c) Agree whether an ASBO is/is not appropriate and compile
an action plan aimed at:
(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:
Certificate of consultation (example at Annex
G)
Evidence in support of the application
Proposed terms of the ASBO being applied for
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 mandatoryie 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 acteg 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;
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 OrdersGuidance 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 Courtan
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
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 Filesunconditional/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 Defendantsthe ASBO formtogether
with a blank application form and blank orderwill 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 PYOsthe 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 Unitincluding the Trials Unitwill
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
Computerthis 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
13
This approach to consultation is due to alter during 2004-05 in
favour of direct engagement with the public, in the form of face-to-face
consultation. Back
14
Information provided by BCU HR Managers, apart from Powys, where
numbers have been taken from the Nominal Roll. Back
15
Refer to Annex F for the role profile for this post. Back
16
Refer to Annex H for copies of policies and protocols relating
specifically to measures to combat ASB. Back
17
Current policy deals with the first phase of PNDs which can be
issued only within police stations; policy covering phase 2-PNDs
issued on the street-is due to be published Sept/Oct 2004. Back
18
Currently being drafted. Back
19
Family Group 12: Devon and Cornwall, Lincolnshire, Norfolk, North
Wales, North Yorkshire and Suffolk. Back
20
Information provided by the Chief Inspector, Communications Centre
Project. Back
21
Ie Force Command and Control System. Back
22
As Final Call types. Back
23
It should be noted that daily auditing of STORM entries has revealed
that some crimes are incorrectly being entered under this category;
however, these are not significant in number. Back
24
Disposal code selected in accordance with advice from Inspector,
Force Operations Room. Back
25
Actual number of Vehicle Nuisance (Disposal Code 260) calls is
1,505, but dip sampling of 100 calls indicates that approximately
43% of these (650 calls) relate to "boy racers" and
abandoned cars. The latter figure has been used for this exercise. Back
26
Calculations based upon the data provided are provisional, pending
return of more results. Back
27
This Officer is temporarily seconded to South Wales Force; in
his absence the Detective Inspector will attend these meetings. Back
|