Anti-Social Behaviour and Criminal Damage

Policy Scope:

This policy seeks to provide a clear and corporate structure for the force in relation to the management of repeat and vulnerable victims of anti-social behaviour.

This policy should be, read in conjunction with:
Authorised Professional Practice (APP) - Prosecution and Case Management

Aims and Objectives

The aim of this policy is to ensure that South Yorkshire Police acknowledge that Antisocial Behaviour (ASB) can destroy its victim’s quality of life and harm whole communities. It is for this reason that ASB and criminal damage are clear priorities of both our PCC and Chief Constable.

Definitions

Vulnerable Victim:
A Vulnerable Victim is a person who is vulnerable by virtue of their personal circumstances or by the circumstances of the incident, including but not limited to a victim
is 17 or under;
is 18 years of age or over, and who is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation.
(a) has a physical or mental disability that puts them at risk of being subject to similar conduct or further victimisation;
(b) is suffering from mental disorder (within the meaning of the Mental Health Act 1983);
(c) has been the subject of recorded or reported incidents of harassment or bullying;
(d) has a history of self-neglect or self-harm;
(e) has been the subject of recorded or reported incidents that are racially aggravated, or aggravated on religious, homophobic or transphobic grounds;
(f) has limited knowledge of English
(g) is likely to be or who has been subjected to intimidation in respect of the allegation of criminal (or non-criminal) conduct that the person has made.

A repeat victim should be considered as an individual who is subject to repeat instances of antisocial behaviour. The definition of a repeat victim will be any individual who suffers three or more instances of antisocial behaviour in a six month period. The definition links with national guidance and the Community Triggers.

Associated Procedural Instructions

This policy is supported by the following procedural instructions:
D51563 Anti-Social Behaviour Management

Equality Act 2010:

The Act creates a statutory requirement for all Functions and Policies (Including Procedural Instructions) to be analysed for their effect on equality, diversity and human rights, with due regard to the General Duty.
In principle, this document has been assessed for discrimination, which cannot be justified, among other diverse groups.

Human Rights/Discretion:

The purpose of providing policy is to give an indication to staff of the expected course of action. However it is not possible to cater for every possible combination of factors that would justify a departure from stated policy. The Human Rights Act 1998 requires the proper use of discretion at all times and nothing within this policy and associated procedural instructions prohibits the proper use of discretion in appropriate circumstances.
Where action is taken that has the potential to interfere with an individual’s Human Rights, the reasons behind the making of the decision to act in that way should be recorded on the appropriate forms, or where this is not practicable, in pocket books or policy logs.

Review Arrangements:

This policy together with it Equality Analysis will be reviewed every 2 years

Rights of redress for members of the public:

Anyone who feels that a member of staff has behaved incorrectly or unfairly, or who is dissatisfied with organisational matters, service delivery or other operational policing issues, has the right to make a complaint.
Initial action should be taken in one of the following ways:
Complain in writing or in person to the Senior Officer at the appropriate police station or to the Chief Constable of the force concerned.
Visit a local Citizens' Advice Bureau
Contact a Solicitor

Rights of redress for South Yorkshire Police personnel:

South Yorkshire Police personnel who feel they have grounds for concern in relation to the implementation of policies may, as appropriate:
Pursue concerns through their line manager.
Contact a First Contact Advisor.
Pursue a grievance formally through the South Yorkshire Police Fairness at Work Procedure.
Seek advice from their staff association or trades union.
Use procedural instruction D50241 Management of Complaints, in the section entitled Handling Complaints relating to Direction and Control.

Start:

09/09/2014
This statement of agreed policy is new

Date: 

Tuesday, 9 September, 2014 - 00:00

Attachment: