Remedies Against Perpetrators Of Anti-Social Behaviour
A perpetrator is someone acting in a way that is
anti-social.
Non-legal methods
Most cases of anti-social behaviour are resolved without the
need for legal action.
The most common methods are usually a warning
letter and an interview with the
perpetrator. The SaferPeterborough partnership will
encourage perpetrators to sign up to an Acceptable
Behaviour Contract.
This is a voluntary agreement between the perpetrator, the
SaferPeterborough partnership and the police. Where the perpetrator
is a tenant of a registered social landlord, they too will be
involved.
The agreement sets out what the person will and will not do in
the future. If the perpetrator is under 18 years of age their
parent or guardian will attend with them. We will write to the
victims telling them that a contract has been signed and the terms
that have been agreed. We will also, in some circumstances,
tell victims if someone has refused to sign a contract.
Mediation
In cases where there is a dispute between two neighbours,
mediation is the best way in order for both parties to settle the
dispute and come to an agreement about how each party intends to
behave in the future.
We will make a referral to Peterborough Mediation which is an
independent confidential organisation who has trained mediators to
help bring about a resolution. Mediation does not need to be
face-to-face; the mediator can ‘shuttle’ between both parties
concerned if this helps to resolve the problem. You can also refer
your case to the Mediation Service by calling (01733)
566436.
Good neighbour pledge
If neighbours involved in a dispute are not willing to work with
Peterborough Mediation we will work with them to agree a Good
Neighbour Pledge. This will set out the behaviour that is
acceptable and the things that will and will not be done.
Legal methods
In cases where there has been the use or threatened use of
violence, serious criminal convictions (such as supplying drugs
from home) or non-legal remedies have failed to resolve the
problems there are a legal remedies that can be used to curb
anti-social behaviour.
Please note that legal action is considered carefully using
evidence by witnesses and other sources such as the police. This is
decided on a case by case basis.
Anti-social behaviour orders (ASBOs)
This is an order granted by a Magistrate to anyone over the age
of 10 years. They are used to tell someone what they cannot
do. They can also exclude someone from an area or from associating
with named individuals if the Magistrate feels that this will curb
the behaviour.
A breach of an ASBO becomes a criminal offence and can lead to a
fine or a prison sentence of up to five years. We will use
photographs to ensure those who have been victims of anti-social
behaviour know the terms of the order that has been granted to
ensure they are able to inform the police of any breaches of the
order.
If you rent your home
Persistent anti-social behaviour can result in you losing your
home.
If you own your home
Persistent anti-social behaviour may result in information being
passed to those with financial interest in your home (e.g. mortgage
company) which again could result in you losing your home
Dispersal orders
The police and the city council can agree to put a Dispersal
Order in place where the evidence suggests that young people
gathering in the area is resulting in significant anti-social
behaviour in the area. The Dispersal Order will last for three
months and it allows the police to disperse those in the area
causing anti-social behaviour and requires them to remain outside
of the area for 24 hours.
Crack house closure
If there is evidence of a property being used for the sale of
class A drugs and this results in anti-social behaviour in the
area, the police can apply to the Magistrates Court for a Closure
Order. This requires that everyone leaves the premises for a period
of three months. This will apply to properties that are privately
owned or rented.
Premises closure
This is similar to a crack house closure but it applies to a
range of premises rather than just a house and can be used where
there is evidence of anti-social behaviour. This requires that
everyone leaves the premises for a period of three
months.
Designated public place order (DPPO)
Where anti-social behaviour is as a result of alcohol being
drunk in public, the city council can apply a DPPO to the area.
This makes it an offence to continue to drink alcohol in the area
when asked to stop by a police officer or police community support
officer. There are already a number of DPPO areas in the city.