Early Intervention Warnings

When we first become aware of a breach of tenancy or of more general anti-social behaviour, our first course of action is to inform the person who causing the problem.

Just bringing the problem to their attention is sometimes all that it takes to resolve the situation.

However, sometimes we need to move onto something more official.

This usually takes the form of a written warning.

These warnings are similar in nature to a caution by the Police.

In effect we are giving the person causing the problem an official warning that if they don't stop breaking the tenancy or stop the anti-social behaviour then we will consider legal action.

Other Warnings (by other agencies)

Penalty Notices for Disorder

Penalty notices can be the first stage of intervention for many forms of low-level disorder offences. They offer speedy and effective action that frees up police, local authority and court time. They also ensure that all unacceptable behaviour is challenged. The offender receives an immediate punishment, which if paid, will not result in a criminal record.

Who can be given a penalty notice for disorder?

Penalty notices for disorder under the Criminal Justice and Police Act 2001 are targeted at low-level anti-social offending Penalty notices can currently be issued to anyone aged 16 years and above.

What offences attract a penalty notice for disorder?

PNDs are available for 21 disorder offences including:

being drunk and disorderly
section 5 public order offences
throwing fireworks
causing criminal damage
giving a false alarm to a fire or rescue service

Penalties for each offence are set at either £50 or £80.

Who can issue a penalty notice for disorder?

The notices can be issued by the police and where designated, police community support officers. They are also available as part of a community safety accreditation scheme.

What happens if the penalty is not paid?

If the penalty is not paid within 21 days it is automatically registered as a fine at one and a half times the level of the penalty. Unpaid fines are enforced through the courts in the normal way. The scheme became operational across the country in April 2004.

Penalty Notices for Environmental Offences

Penalty notices for litter and dog-fouling were created in the Environmental Protection Act 1990 and expanded by the Anti-Social Behaviour Act 200 and Clean Neighbourhoods and Environment Act 2005.

Who can issue a penalty notice?

Depending on the offence, penalty notices can be issued mainly by local authority employees also by police community support officers also by persons accredited under a community safety scheme. If the penalty is not paid, the local authority can prosecute the perpetrator for the original offence.

Warnings

Written or verbal warnings can be very effective in stopping people behaving anti-socially. By challenging all unacceptable behaviour immediately they establish clear standards of behaviour and reinforce the message that anti-social behaviour will not be tolerated.

What are the different types of warnings?

Juvenile reprimands are a formal verbal warning given by a police officer to a young person who admits they are guilty of a minor first offence.

Juvenile final warning is a formal verbal warning given by a police officer to a young person who admits their guilt for a first or second offence. It triggers an automatic referral to a youth offending team.

Police cautions can only be given to an adult who has admitted guilt for a minor offence. Cautions are recorded on the Police National Computer.

Police conditional caution where an officer has evidence that an adult has committed an offence. The caution has conditions attached .

Prostitutes cautions: prostitutes cautions can be given by the police to persons loitering or soliciting for the purposes of prostitution. Up to two cautions can be given before the person is liable to be charged for this offence.

What is the format for early intervention warnings?

Warnings generally:

describe the behaviour observed
inform the individual that the behaviour is anti-social and unacceptable
advise the individual that their behaviour is being monitored
warn the individual that there will be further enforcement action if the behaviour does not cease.
A note or record is kept.

Good practice is that the police or local authority explain to individuals, children or their parents what the problem is and the consequences of this behaviour.
In many cases, awareness of the impact of the behaviour on their neighbours and the threat of further enforcement can be a sufficient deterrent for an individual to change their behaviour.