Community Protection Notices

The Anti-Social Behaviour, Crime and Policing Act 2014 contains a range of powers designed to tackle anti-social behaviour.

We have previously written about two provisions of the Act - the making of Criminal Behaviour Orders and Closure Notices and Orders - in earlier articles.

Another power afforded by the Act is the ability for an authorised person to issue a Community Protection Notice (CPN) against an individual or body having a negative impact on the local community's quality of life.

CPNs are a broad-stroke method of tackling persistent or repetitive instances of irresponsible or inconsiderate behaviour - the sort of behaviour which, if left unchecked, can really plague communities across England and Wales.

This includes individual episodes of unreasonable behaviour that might not constitute an offence in their own right, but when considered cumulatively with other episodes have an overall adverse effect on members of the community.

Some examples of where a CPN might be appropriate:

• Against an individual whose favourite pastime is to attend schools, hospitals, shopping centres and the like to shout abusive comments or intimidate staff and users of those facilities.
• Against an individual who persistently films, photographs, follows or heckles employees of a particular company or members of a particular community or organisation for no legitimate purpose.
• Against an individual who maintains their garden in such a manner that it attracts vermin to the detriment of neighbouring properties.
• Against an individual in control of a dog that barks aggressively and jumps up at people whenever it is out in public.
• Against an individual that regularly burns waste and releases thick smoke into neighbouring gardens, despite having been told it is a nuisance.
• Against a takeaway business that frequently allows trade waste or customer litter to accumulute outside its premises.

The bar that has to be met for the issue of a CPN is not particularly high. A person or body subject to a CPN is liable to prosecution if they breach it.

Power to Issue Community Protection Notices:

Section 43 of the Act states that an authorised person may issue a CPN to an individual aged 16 or over, or a body, if satisfied on reasonable grounds that:

• the conduct of the individual or body is having a detrimental effect, of a persistent or continuing nature, on the quality of life of those in the locality; and
• the conduct is unreasonable.

An authorised person is defined in section 53 of the Act as a constable, local authority or person designated by a local authority.

A CPN must specify the detrimental effect the individual or body is having on the quality of life of those in the locality. It must also explain the effect of section 46 to 51 of the Act (relating to appeals, failure to comply and enforcement).

A CPN may only be issued against an individual or body if:

• They been given a written warning that a CPN will be issued unless their conduct ceases to have the detrimental effect on the quality of life of those living in the locality; and
• The authorised person is satisfied that despite the recipient of the written warning having had time to address their conduct, it is still having such a detrimental effect.

Prohibitions and Requirements:

A CPN imposes any of the following conditions on the person or body it is issued to:

• a requirement to stop doing specified things;
• a requirement to do specified things;
• a requirement to take reasonable steps to achieve specified results.

The only requirements that can be imposed are those that are reasonable to impose in order:

• to prevent the detrimental effect from continuing or recurring; or
• to reduce that detrimental effect or to reduce the risk of its continuance or recurrence.

Appealing Community Protection Notices:

A person issued with a CPN can appeal to the Magistrates' Court within 21 days of the notice being made.

An appeal can be made on any of the following grounds:

• That the conduct specified in the notice:
• did not take place;
• has not had a detrimental effect on the quality of life of those in the locality;
• has not been of a persistent or continuing nature;
• is not unreasonable; or
• is conduct that the person can not reasonably be expected to control or affect;
• That any of the requirements in the notice, or any of the periods within which or times by which they are to be complied with, are unreasonable;
• That there is a material defect or error in, or in connection with, the notice;
• That the notice was issued to the wrong person.

Any prohibitions in the notice remain in force until the appeal is determined, unless the court orders otherwise. Any requirements of the notice will cease to have effect until the appeal is determined.

A Magistrates' Court hearing an appeal against a CPN must:

• quash the notice;
• modify the notice (for example, but varying its conditions or duration); or
• dismiss the appeal.

Offences:

Failure to comply with the conditions of a CPN is an offence under section 48(1) of the Act.

The maximum penalty for this offence on summary conviction is a fine at level 4 (currently £2,500) in the case of an individual; or a fine not exceeding £20,000 in the case of a body.

The CPS is the prosecuting authority in relation to breaches of police issued CPNs; the local authority concerned is the prosecuting authority in relation to breaches of local authority issued CPNs.

In accordance with section 49 of the Act, the court may make any defendant convicted of breaching their CPN subject to a remedial order.

In accordance with section 50 of the Act, the court may order the forfeiture and destruction of any item used in the commission of the CPN breach.