Community Remedy and Trigger
The Anti-Social Behaviour (ASB), Crime and Policing Act 2014 recently overhauled the legal tools available to deal with ASB.
In line with the new law and effective from October 20th 2014, the Community Remedy and Community Trigger seek to provide better protection for vulnerable people and offer more of a voice for victims of low level crime and ASB.
The Remedy provides a list of out-of-court punishments that can be presented to a victim of ASB by a Police Officer. A victim can then choose how an offender is dealt with.The types of offences appropriate for the Remedy include low-level criminal damage, low value theft, and minor assaults (without injury) and anti-social behaviour.
Gwent Police will use the Remedy either informally or as part of a conditional caution. This will mean that victims get justice quickly and the offender has to face the consequences of their actions.
The options agreed, following extensive consultation, are:
− Reparation for the damage caused e.g. repairing damage to property, cleaning graffiti, returning stolen property
− Paying for any damage to be repaired or for stolen property to be replaced
− Providing a written or verbal apology
− Arranging for victims and offenders to meet face to face, to put their views to each other
The Community Trigger is a new power that aims to help victims of persistent anti ASB. It provides the opportunity for individuals or community groups to request a review of the way in which ASB has been dealt with. In the first instance, incidents of ASB should still be reported to MHA.
The trigger can be activated compelling Gwent Police, Monmouthshire County Council; Monmouthshire Housing Association or other partners to review a case if:
− Five individuals or groups from the local community have complained separately over the last six monthsand no appropriate action has been taken.
− The behaviour in question has been reported by an individual three times with no appropriate action taken. For the Community Trigger to be activated, each complaint must be made within one month of the anti-social behaviour incident occurring, and all three complaints must be made within six months of the first complaint.
− Or if a victim of ASB has complained about separate hate incidents in the last six months and believe the action taken has been inadequate.
Following this, a response will be given in five days. It will be decided if a case meets the threshold to enact the trigger within ten days. If successful, a review Panel will be convened within thirty days and actions to deal with ASB decided.
If unsuccessful, it is possible for the complainant(s) to refer their case to the Office of Police and Crime Commissioner, who will respond within 10 working days.
Note: the Trigger does not replace MHA’s complaints procedure.
If you have any queries regarding the new Act or want to report ASB, please contact our main office on 0845 677 2277 or 01495 761100 (for mobile phone calls) or email us