What is a community protection notice?
Section 43 to 58 of the ASB Crime and Policing act 2014.
When a Community Protection Warning is breached the next stage is to issue the offending person/ business with a Community Protection Notice. It is important to note that the conditions listed in the notice must be the same as the warning previously issued.
A Community Protection Notice (CPN) is aimed to prevent unreasonable behaviour that is having a negative impact on the local community’s quality of life. Any person aged 16 years or over can be issued with a notice, whether it is an individual or a business, and it will require the behaviour to stop and if necessary reasonable steps to be taken to ensure it is not repeated in the future.
CPNs tackle behaviours including littering, dog defecation and noise nuisance as well as general ASB. Essentially any behaviours that can cause harassment alarm or distress to the wider community.
Below are examples of when a CPN may be issued (this list is not exhaustive and can be a precursor to further enforcement action):
When a dog is constantly escaping through a broken fence the owner could be issued a CPN requiring that the fence be fixed to avoid further escape.
A notice could be issued to a local shop/supermarket who are allowing litter to be deposited outside the property.
To prevent anti-social behaviour such as regularly playing loud music in a public area, drunken or threatening behaviour, vandalism and graffiti.
Who can issue a community protection notice?
Police officers, local authorities and designated Police Community Support Officers can issue CPNs but before doing so they must consider two things:
• Whether the conduct is having a detrimental effect on the community’s quality of life.
• Whether said conduct is considered unreasonable.
The individual must be given a Community Protection Warning (CPW) beforehand stating that if the behaviour doesn’t cease, the notice will be issued.
General practice
It is commonplace to include a timescale in the terms of the CPN, such as for floodlights or noise, for it to be either stopped immediately, or for it only to be allowed between specific hours. For example, when dealing with untidy gardens, a reasonable amount of time would be expected to undertake a clear up.
What happens If the rules aren't followed?
Breach of a CPN is a criminal offence, dealt with in criminal court rather than civil court. The punishment for a breach of CPN can be a fixed penalty notice, up to £100 or a fine up £2,500.
Can a CPN be appealed?
The notice can be appealed to the magistrates’ court within 21 days, however the initial CPW cannot be appealed. Failure to comply is an offence and may result in a fine or a fixed penalty notice.
Our thoughts
CPNs were initially not a popular option as they were thought to be an ‘out of court ASBO’ or a ‘back door injunction’ to deal with any type of behaviour, but when used correctly they can address behaviour as part of an incremental approach. They were initially introduced to deal with environmental issues, however over time they have become more effectively and creatively used.
It is important to use CPNs in the correct situation, where the wider community are affected rather than in a two person/family neighbour dispute where no other people are affected other than those involved.