Our Powers - Nottingham Community Protection

Our enforcement tools and powers

Civil Orders
For serious anti-social behaviour, the Community Protection service works with it's partners including Nottinghamshire Police and Nottingham City Homes to exercise civil orders. Where appropriate an application will be made to the courts requesting for an offender to be placed under certain conditions with the aim of preventing them from re-offending.

Civil Order	What is it?
Anti-Social Behaviour Order	Commonly abbreviated to ASBO, an Anti-Social Behaviour order is made by the court to impose certain conditions upon a person restricting them from continuing to cause harassment, alarm or distress to one or more persons not of the same household as the perpetrator. Conditions of an ASBO can be placed on anyone over the age of 10.
Acceptable Behaviour Contract	An acceptable behaviour contract (ABC) or Agreement (ABA) is an intervention designed to engage with a person of any age, although primarily aimed at young people from 10 to 18, to acknowledge the effect their anti-social behaviour has on others, with the aim of stopping that behaviour. An ABC is a voluntary written agreement made between the perpetrator of anti-social behaviour and their local authority, local police force, landlord etc. Within the agreement the perpetrator commits to stopping the identified anti-social behaviour so that further action does not need to be taken.
Injunction	Injunctions are commonly used to stop housing and neighbourhood related anti-social behaviour from playing loud music at night to vandalism and verbal abuse. An injunction prohibits a person from further committing the anti-social behaviour detailed in the injunction and can exclude a person from specified places or areas.
Dispersal Order	In areas where there is persistent anti-social behaviour and a problem with groups causing intimidation, a dispersal order can be used to designate a specific area where police and PCSOs can disperse groups where the relevant officer has reasonable grounds for believing that their presence or behaviour has or is likely to result in harassment, intimidation, alarm or distress.
Premises Closure Order	Closure orders are a quick and effective form of enforcement. The order gives local authorities and authorised Environmental Health Officers the power to close a premise down for an identified period of time. The aim is to encourage licensee landlords, club owners and residents to take responsibility for the effect the premises has on the local community and to take steps to stop the noise nuisance, drug dealing and disorder that takes place as a result of the premise being open.
Criminal Anti-Social Behaviour order	A criminal anti-social behaviour order (CRASBO) is an anti-social behaviour order imposed on an individual off the back of a criminal conviction. The conditions imposed by the CRASBO work to protect the community by prohibiting the individual from continuing in any identified anti-social or criminal behaviour.
Crack House Closure Order	A crack house closure order gives police the power to close residential premises where there is evidence that class A drug use, production or supply is taking place at the property. Once the order is put in place by the courts, no-one may enter the premises and doing so becomes a criminal offence.
Parenting Order	A parenting order can be imposed by the courts upon parents of children up to the age of 17. The order is put in place to support parents in preventing their childern from engaging in anti-social and offending behaviour. The order can consist of a parenting programme to help parents address their child’s misbehaviour, ways to exercise control and in some cases a residential parenting course.
Drink banning order	The court can issue a drink banning order to a person over the age of 16 who has engaged in criminal or disorderly conduct while under the influence of alcohol. This order can last between 2 months and 2 years and often gives the individual an opportunity to attend an approved course that works to address their alcohol-related behaviour.
Tenancy notice	These are the legal notices that start possession proceedings which could end in eviction.

For more information about enforcement tools and powers visit www.asb.homeoffice.gov.uk

Fixed Penalty Notices (FPNs)
Our Community Protection Officers have the power to issue a FPN to anyone over the age of ten years old caught committing any of the following offences.

The offence	The legislation	Fixed Penalty Notice
Depositing litter	Section 87 Environmental Protection Act	FPN £75, reduced to £50 if paid within 10 days. Maximum penalty £2500.
Unauthorised distribution of free printed material	Section 93, 94 Environmental Protection Act	FPN £75 Maximum penalty £2500.
Breach of duty of care for commercial waste (failing to provide waste transfer notes on request)	Section 33 Environmental Protection Act	FPN £300
Dog fouling	Section 3 Dogs (Fouling of Land) Act 1996	FPN £50 Maximum penalty £1000.
Unlawful display of advertisements- Fly posting	Section 224 Town & Country Planning Act 1990	FPN £75 Maximum penalty £2500.
Graffiti	Section 1 Criminal Damage Act 1971 Section 43 Anti-Social Behaviour Act 2003 Part 6	FPN £75 Maximum penalty £5000 / or up to 6 months imprisonment.
Domestic Bins on streets	Section 46 Environmental Protection Act	FPN £100 Maximum penalty £1000.
Commercial Bins on Streets	Section 47 Environmental Protection Act	FPN £100 Maximum penalty £1000.
Exposing a vehicle for sale on a road	Section 3 Clean Neighbourhoods & Environmental Act 2005	FPN £100 Maximum penalty £2500.
Repairing vehicles on a road	Section 4 Clean Neighbourhoods & Environmental Act 2005	FPN £100 Maximum penalty £2500.
Abandoning a vehicle	Section 2 Refuse Disposal (Amenity) Act 1978	FPN £200 Maximum penalty £2500 / or up to 51 weeks imprisonment
Unauthorised marks on highways	Section 132 Highways Act 1980	FPN £75 Maximum penalty £2500.

Penalty Notice for Disorder (PND)
Penalty notices for disorder are issued for low-level anti-social behaviour. PNDs are one-off fines, which can be issued on the spot by the police, PCSOs and other accredited persons to anyone over 16 years old. If a recipient of a PND does not pay the penalty or request a court hearing within 21 days, the penalty can be increased by 50 percent.

The offence	The legislation	Penalty
Cycling on a footpath	Police Reform Act 2002 Anti Social Behaviour Act 2003 Road Traffic Act 1988 Highways Act 1835	PND £30 (over 16 years of age)
Anti Social Behaviour (likely to cause harassment, alarm or distress)	Public Order Act 1986 Criminal Justice & Police Act 2001	£80 Maximum penalty £1000.
Knowingly giving false alarm of fire to a person acting on behalf of a fire and rescue authority	Criminal Justice & Police Act 2001 Fire and Rescue Services Act 2004	£80 Maximum penalty £1000.
Possession of fireworks for under 18s	Police Reform Act 2002 Criminal Justice & Police Act 2001	£80 Maximum penalty £5000.
Possession of category 4 firework	Police Reform Act 2002 Criminal Justice & Police Act 2001	PND £80 Maximum penalty £5000.
Throwing fireworks in a thoroughfare	Police Reform Act 2002 Criminal Justice & Police Act 2001 Explosives Act 1875	PND £80 Maximum penalty £5000.
Damage to property up to £500+	Police Reform Act 2002 Criminal Damage Act 1971	PND £80 Maximum penalty £2500 / or up to 3 months imprisonment.
Trespassing on railway	Police Reform Act 2002 Criminal Justice & Police Act 2001 British Transport Commission Act 1949	PND £50 Maximum penalty £1000.
Throwing stones on railway	Police Reform Act 2002 Criminal Justice & Police Act 2001 British Transport Commission Act 1949	PND £50 Maximum penalty £1000.
Confiscate & dispose of alcohol consumed by under 18s	Police Reform Act 2002 Confiscation of Alcohol (Young Persons) Act 1997	PND £50 Maximum penalty £1000.
Confiscate & dispose of alcohol consumed in designated public place	Police Reform Act 2002 Criminal Justice & Police Act 2001	PND £50 Maximum penalty £500.
Power to seize tobacco used by young persons	Police Reform Act 2002 Children & Young Persons Act 1933	None
Begging – power to request name & address	Serious Organised Crime & Police Act 2005 Police Reform Act 2002 Vagrancy Act 1824	None
Using public electronic communications network to cause annoyance, inconvenience or needless anxiety	Criminal Justice & Police Act 2001 Communications Act 2003	PND £80 Maximum penalty £5000.
Wasting police time or giving false report	Criminal Law Act 1967	PND £80 Maximum penalty £2500 / or up to 6 month imprisonment.

For more information about enforcement tools and powers visit www.asb.homeoffice.gov.uk