Recommendation 1

HM Government Accepted

The Government agrees that anti-social behaviour (ASB) can cause serious harm to victims and communities, which is why tackling ASB is a top priority and a key part of our Safer Streets Mission. As one witness to the Committee pointed out, many anti-social behaviour cases are resolved at first intervention and do not require legal action. Practitioners tell us that a small proportion of ASB cases are so severe that they can only be resolved via the criminal justice system, but for these cases it is essential that local agencies are equipped with effective powers to tackle ASB and protect victims and the public. The provisions in the Anti-social Behaviour, Crime and Policing Act 2014 (“the 2014 Act”) and the Crime and Policing Bill provide those accused of engaging in ASB and subject to the Civil Injunction, Criminal Behaviour Orders or Respect Orders with a number of safeguards and avenues of redress to respond or defend themselves when formal enforcement action has been taken to address their behaviour. Restrictions and requirements can be placed on perpetrators who receive a Respect Order to protect victims and communities from continued harassment, alarm or distress. Our statutory guidance for Civil Injunctions makes clear that injunctions should not be used to stop reasonable, trivial or benign behaviour that has not caused, or is not likely to cause, harassment, alarm or distress to victims or communities, and potential applicants areencouraged to make reasonable and proportionate judgements about the appropriateness of the proposed response before making an application for an injunction. This will remain the case when updated statutory guidance is issued for the Respect Order and Youth Injunction and Housing Injunctions (which will collectively replace the Civil Injunction). Courts will examine each prohibition and requirement, and applicants will need to be able to demonstrate how each will help stop or prevent the respondent from engaging in or threatening to engage in ASB in the future. Prohibitions or requirements in the injunction must be reasonable and the legislation makes clear that they must not, so far as practicable interfere with the times, if any, at which the respondent normally works or attends school or any other educational establishment; or conflict with the requirements of any other court order or injunction to which the respondent may be subject. This will remain the case for the Respect Order and will be made clear in the legislation and guidance. The Respect Order is a preventative order and does not constitute a punishment unless breached. It is intended that upon receiving a Respect Order, the offender will cease their behaviour and there will be no further sanctions. Provision is only made for punishment where the offender flouts their Respect Order and continues to cause harassment, alarm or distress. The Respect Order can only be issued in a civil court where a judge agrees that the legal tests have been met and that it is just and convenient to make an Order. Other powers already available under the 2014 Act, including the Criminal Behaviour Order and the Community Protection Notice, also have clear legal tests that must be satisfied prior to being issued, and also offer routes of appeal for respondents. As breach of a Respect Order will be a criminal offence, those accused of breaching will be eligible for criminal legal aid under section 16 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012. It is set out clearly in the relevant statutory guidance, which agencies have a legal duty to have due regard to, that use of the 2014 Act powers should be proportionate for both the victim and the offender. It also specifies that other forms of informal intervention should be considered prior to use of the formal powers. This will remain the case when updated statutory guidance is issued for Respect Orders. On this basis, the Government is satisfied that the provisions in the Crime and Policing Bill in respect of Respect Orders, as with the existing powers in the 2014 Act, strike the right balance between protecting the rights of those accused of causing ASB and protecting the victim and the law-abiding majority.