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Criminal Justice Bill - Proposals and Member Views

28 December 2023
Article 7 Test

Here's an overview of the evidence we gave after consulting Resolve members at the Public Bills Committee (Tuesday 12 December 2023). 

Criminal Justice Bill 2023-24 proposed changes and member views

  1. Create a duty for PCC’s to promote awareness of ASB Case Reviews 

In some areas where you try to get hold of the police to do a review, they say they don’t have time as they have other priorities. 

We know some areas have funded setting up new teams within the PCC’s who will manage the process. 

Southend really pushed the case review during ASB Awareness Week 2023 and delivered sessions with housing providers.  The LA were invited (who have the responsibilities for managing the ASB Case Review process) didn’t turn up to the sessions so from Southend’s point of view this is a positive that PCC’s will have this responsibility. 

Manchester City Council have seen an increase in ASB Case Reviews and don’t feel the need for PCC’s to oversee the process.  They believe it should be ASB experts who oversee this as they have the resource and the experience to do this. 

Resolve has been doing work with Northumberland PCC’s and know they have very experienced people and have developed a team to manage the process following the specialist training that Resolve has delivered to staff. 

Self-referring by Housing Providers is a must and should be seen as a positive step to bring the agencies together. 

It is also important that tenants are made aware that they can ask for a case review and Birmingham City Council welcome PCC’s being the Ombudsman of the ASB Case Review.   

  1. Extend the power to implement dispersal orders to LA’s 

All agreed this power should remain with the police and not given to LA’s as it is the police that will need to enforce it.  However, police need to be on board as they don’t currently use the tools and powers and there needs to be sharing of responsibilities. 

The Police are out and about 24/7 and are best placed to deal with this, and this fits in with night time economy. 

We know some of the pilot hot spots have been using dispersal orders and it would be useful to have this data 

  1. Extend timeframe from 48 to 72 hours for dispersal orders 

All in favour. 

  1. Extend power to implement a PSPO to police 

No members in favour as they don’t have the expertise. 

  1. Lower age to issue a CPN from 16 to 10 & increase upper limit from £100 to £500 for breaches 

Not in favour of this and totally against this approach. Goes against all the work we do with young people to prevent them from entering the criminal system and will end up persecuting the parents for the actions of the child.  Early intervention and prevention is the key. 

  1. Extend timeframe to apply for Closure Order from 48 to 72 hours after service of notice.  Extend power to registered housing providers. 

Yes, in favour of this but would like to see some guidance and support around attending the Magistrate Courts.  There needs to be consultation and buy in.  

  1. Power of arrest to all breaches of Civil Injunctions 

Not in favour of this. 

How will this work with Injunctions obtained for persons over the age of 10? 

  1. CSAS officers to enforce breaches of Community Protection Notices 

This will mean that CSAS officers will end up doing the work that other organisations should be doing – where is the accountability.  CSP’s/Police should be dealing with their own responsibilities.  This will create separation.  There needs to be a structure in place for the right outcome.