PART 6Local involvement and accountability

Community remedies

I1102Anti-social behaviour etc: out-of-court disposals

1

This section applies where—

a

a person (P) within subsection (2) has evidence that an individual (A) has engaged in anti-social behaviour or committed an offence,

b

A admits to P that he or she has done so,

c

P thinks that the evidence is enough for taking proceedings against A for an injunction under section 1, or taking other court proceedings, but decides that it would be appropriate for A to carry out action of some sort instead, and

d

if the evidence is that A has committed an offence, P does not think that it would be more appropriate for A to be given a caution or a fixed penalty notice.

2

The persons within this subsection are—

a

a constable;

b

an investigating officer;

c

a person authorised by a relevant prosecutor for the purposes of section 22 of the Criminal Justice Act 2003 (conditional cautions) or section 66A of the Crime and Disorder Act 1998 (youth conditional cautions).

3

Before deciding what action to invite A to carry out, P must make reasonable efforts to obtain the views of the victim (if any) of the anti-social behaviour or the offence, and in particular the victim's views as to whether A should carry out any of the actions listed in the community remedy document.

4

If the victim expresses the view that A should carry out a particular action listed in the community remedy document, P must invite A to carry out that action unless it seems to P that it would be inappropriate to do so.

5

Where—

a

there is more than one victim and they express different views, or

b

for any other reason subsection (4) does not apply,

P must nevertheless take account of any views expressed by the victim (or victims) in deciding what action to invite A to carry out.

6

In this section—

  • “action” includes the making of a payment to the victim (but does not include the payment of a fixed penalty);

  • “anti-social behaviour” has the meaning given by section 2 (ignoring subsection (2) of that section);

  • “community remedy document” means the community remedy document (as revised from time to time) published under section 101 for the police area in which A's anti-social behaviour or offence took place;

  • “caution”—

    1. a

      in the case of a person aged 18 or over, includes a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;

    2. b

      in the case of a person under that age, means a youth caution or youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;

  • “investigating officer” and “relevant prosecutor” have the same meaning as in Part 3 of the Criminal Justice Act 2003 (see section 27 of that Act);

  • “victim” means the particular person who seems to P to have been affected, or principally affected, by A's anti-social behaviour or offence.