Policing Civil Orders

Report: 7
Date: 13 May 2010
By: AC Territorial Policing on behalf of the Commissioner

Summary

This report provides members with an overview of the policing of civil orders across London, specifically, Anti-Social Behaviour Orders, Sexual Offences Prevention Orders, Risk of Sexual Harm Orders, Foreign Travel Orders, Domestic Violence Prevention Orders, Injunctions, Violent Offender Orders and Notification Orders.

A. Recommendation

Members consider and note the content of this report.

B. Supporting information

1. MPA members have requested an update on the policing of civil orders across London. The type of civil orders vary but can be placed into three broad category areas namely:

• Anti social behaviour
• Sexual violence
• Non-sexual violence

As such the monitoring and execution of them is not undertaken by one specific unit.

2. Number of individuals subject to civil orders as of 31 January 2010.

Anti Social Behaviour

a) Anti Social Behaviour Order (ASBO) – 1261. Diversity data can only be ascertained through a manual check of each case. As this is very resource intensive it is not currently available. However MPS Operation Emerald are aiming to have this information available by Summer 2010.

Sexual Violence

b) Sexual Offences Prevention Order (SOPO) – 658. To establish diversity data would necessitate a manual check on each SOPO. As this would be very resource intensive this information is not currently available.

c) Risk of Sexual Harm Order (RoSHO) – One person, a white male.

d) Foreign Travel Order (FTO) – One person, a white male is currently subject to an FTO. In the last 18 months the MPS have successfully applied for six FTOs, all of which have been white males.

e) Notification Order (NO) – 128 NOs have been obtained by the MPS since 2004 on dangerous persons convicted abroad, thereby bringing those people into the MAPPA framework. Over 90% of these offenders have been white males.

Non Sexual Violence

f) Violent Offender Order (VOO) – None. The MPS applied for one (the first in the UK but the offender is now living outside London).

g) Injunctions including Non Molestation, Restraining Orders, Prohibited Steps, Occupation Orders - “Injunctions” is a phrase that captures many different types of civil orders. Most of them relate to DV and associated topics. Application for any of these orders can be made through various routes but the process relies on the applicant or their representative lodging the orders at their local police station. In addition partners such as the National Centre for Domestic Violence (NCDV) have their own advocacy department and deal with orders without police involvement. Therefore any numbers quoted per Borough would be unreliable. In additional there is no requirement or specific recording tool for the collection of diversity data within these orders.

h) Domestic Violence Protection Orders (DVPO) –Not yet enacted.

Monitoring

3. ASBOs These are the responsibility of MPS Safer Neighbourhood OCU and monitored centrally via the EWMS (Emerald Wanted Management System). In January 2010 an internal review established that there was inadequate strategic control over monitoring and enforcement of ASBOs. As a result an action plan is being drafted to refine strategic management process to improve central oversight of ASBOs.

At Borough level, ASBOs are monitored by Safer Neighbourhood Team (SNT) Managers. Regular crime reduction partnership meetings are held between SNTs and external organisations as agreed by the individual boroughs. Information is regularly exchanged regarding those on an ASBO but the responsibility to ensure that the terms of the order are being adhered to falls to the SNTs.

4. SOPOs, RoSHOs, FTOs Individuals subject to SOPOs / RoSHOs / FTOs are managed by Borough Jigsaw units (dedicated public protection units). The MAPPA process requires that the police, probation and prison services along with other authorities who have a ‘legal duty to cooperate’ work together to manage and monitor offenders.

5. Monthly borough MAPPA meetings are held to share information, formulate and revise Risk Management Plans that can involve actions to be taken forward by a number of the agencies working together. Minimum standards around personal visits, searching of intelligence systems and other activities are set for police.

6. SNTs are briefed on RSOs (registered sexual offender) residing on their ward and other officers will be made aware when there are breaches or reports through the intelligence system indicating that a sexual offender may be engaged in suspicious behaviour or suspected offending.

7. All RSOs are shown as such on the Police National Computer and this is linked to the nationally available database that holds vast amounts of information and intelligence about RSOs.

8. Injunctions The coordination of injunctions is the responsibility of Borough Community Safety Unit’s and for the reasons previously stated there is no central collection for the MPS.

9. All boroughs hold Multi Agency Risk Assessment Conferences (MARACs). These are ‘domestic violence victim’ focussed and are attended by Police, Social care agencies, Probation, Housing, Domestic Violence advocates and education where relevant. Other agencies involved in social care such as NSPCC and women’s charities may also be invited.

10. VOOs Those subject to VOOs are also managed through the local Operation Jigsaw team. The PNC and ViSOR database is used to assist officers in their management. Local officers will be regularly briefed regarding who is subject to a VOO on their area in a similar manner to RSOs. There are currently no active VOOs in the MPS.

Multiple Orders

11. Some offenders are subject to more than one order, for instance there may be a SOPO in place and a civil injunction relating to the same behaviour.

12. If a SOPO, Injunction and / or VOO were in place relating to the same person the borough Operation Jigsaw team would usually take the lead and invite those as appropriate to any meetings held to discuss the offenders Risk Management Plan (RMP).

13. SNTs are made aware through briefings of those on their ward who are RSOs and those who were subject to SOPOs. They would also be made aware of those subject to injunctions (if police were aware) and ASBOs.

Breaches and response

14. ASBOs In 2009 there were 1127 arrests recorded for breach of an ASBO. The monitoring of these breaches has already been referred to.

15. SOPOs In the year 31 January 2009 to 31 January 2010 there were 44 recorded breaches of a SOPO. There are very clear guidelines in the Operation Jigsaw SOP regarding action to be taken when a breach of SOPO occurs. The offender will always be arrested for a breach of a SOPO as only those considered to be high risk of re offending would be subject an order.

16. NOs Technically a NO cannot be breached as it is an order which changes the status of the offender so that they have to register. A failure to then comply with the requirements of the Sexual Offenders Register would be the breach.

17. There are clear instructions and minimum standards to be adhered to in the MPS Operation Jigsaw SOP in relation to breaches. These are monitored on a monthly basis by the Operation Jigsaw service delivery team who notify supervisors if the minimum standards are not being met.

18. There is no record of ROSHOs, FTOs or VOOs being breached within the London area.

19. Injunctions Data from CRIS shows that from 01 February 2009 to 31 January 2010 there have been 1361 breaches of Injunctions (civil orders). The CSU SOP contains instructions in respect of action to be taken for alleged breaches of orders. In high risk cases, the circumstances are brought into the remit of Borough MARAC meetings.

Good Practice / Areas for Improvement (AFI)

20. There is effective central oversight and monitoring of performance on SOPO’s across the MPS, with effective action being taken in situations where a breach occurs.

21. Police have worked with the Crown Prosecution Services in terms of training and producing supporting material to raise the profile and benefits of obtaining SOPOs upon conviction of a Schedule 3 or 5 offences rather than having to provide evidence of the behaviour by a post sentence police application.

22. During this process 2 MPS Boroughs were identified with particularly good practice in relation to record keeping of injunctions (Newham & Islington). This will be shared with other MPS boroughs via central DI meetings and CSU training days.

23. Following recommendations from the IPCC report into the Sonnex case, the MPS has implemented a cross - agency process to improve procedures relating to effective notification, tasking, and arrest of offenders on licence. There is now very specific guidance particularly relating to offenders who are subject of a prison licence recall (PLR).

24. Processes are now well established across MPS boroughs with IBOs acting as the 24 hour single point of contact. IBOs conduct immediate enquires to trace and arrest offenders. The reactive process is supervised by the Duty Officer (Inspector), with the Borough Superintendent Operations having overall responsibility for all outstanding PLRs until they are arrested. Pan London compliance is managed for the MPS by TP Emerald on a daily basis.

25. The national targets for the execution of Standard and Emergency Recalls are both 75%. The MPS has met the timeliness target for the sixth consecutive month. The MPS set it self the enhanced target of 80% for Emergency Recalls and in December 2009 achieved 84.6%.

26. Some injunctions do not require an application by police e.g. Non Molestation Orders. If these orders are generated elsewhere, the MPS may not have control or even knowledge of the order. The MPS is working with local authorities and other partners to develop effective consultation processes to minimise this.

27. Significant work has and is taking place along side MAPPA partners to steer and influence the development of national guidance.

28. The MPS along with London Probation and the Prison Service created and support a MAPPA executive team working within London Probation to ensure consistency across London.

29. Currently members of the Violent Crime Directorate Operation Jigsaw team sit on the MAPPA, VOO, and ViSOR National working groups. They are also regularly consulted by the Home Office and Ministry of Justice.

Summary

30. In recent years a significant amount of new legislation creating or amending civil orders has been enacted and introduced to deal with the threat from violent people. The MPS has responded to these changes.

C. Race and equality impact

1. The MPS is under a statutory duty to have due regard for the:

1. elimination of unlawful discrimination and harassment;
2. promotion of equality of opportunity for all;
3. promotion of good relations between peoples of different groups;
4. promotion of positive attitudes towards others.

2. The MPS Equalities Scheme 2006-2010 is designed to ensure continuous improvement in service delivery in this regard by improvements in the standard of policing, staff awareness of the organisational strategy and by community engagement. This is complemented by the MPS Diversity and Equality Strategy 2009-2013 that lays out the delivery of diversity and equality through four themes. These are Fair and responsive services, Community engagement, Workforce and culture and Governance.

3. The MPS recognises that adverse impact or disproportionality may occur as a result of the delivery of its services and fully embraces the need to engage and consult with communities and their informed representatives.

4. Based on the data available, white males are over represented as being subject to civil orders but with the links to domestic and sexual violence and a higher proportion of reports coming from women this is perhaps unsurprising. However, in many areas there is an absence of data relating to the ethnicity of the subject of the order. Steps are being taken to address these gaps so that more effective data collection can be made.

5. In the case of orders made under the Sexual Offences Act the NPIA (the owners of the ViSOR database) have been approached by a number of forces to increase software capability to allow increased and more efficient data collection as currently the process is highly resource intensive and unreliable.

D. Financial implications

1. Increased costs It has become increasingly common for the courts to raise a charge to sit for civil order applications. Currently, for instance, the MPS is charged £200 for each SOPO and ASBO application. Where counsel is instructed by DLS their fees would amount to between £30 to £80 per hour. Clearly the final cost would be dependent on how many hearings the particular orders warranted and the amount of time invested by counsel.

2. In the current financial year there have been 32 orders processed. In ‘order’ costs this equates to an annual sum of £6400 (it is not possible to identify the actual legal costs incurred as a result of obtaining these orders). Any significant increases in the issuing of orders would need to be met from within existing budgets, or if material, through the normal business planning. 

E. Background papers

• MPA report for the Equality and Diversity Sub Committee – 11 February 20101 entitled Review of Implementation of Forced Marriage (Civil Protection) Act 2007

F. Contact details

Report author:  Carol Kinley-Smith DI Operation Jigsaw TPHQ, MPS

For information contact:

MMPA general: 020 7202 0202
Media enquiries: 020 7202 0217/18

Appendix 1

Civil orders referred to within this paper can be split into three defined areas

• Anti social behaviour
• Sexual violence
• Non-sexual violence

Anti Social Behaviour

1. Anti Social Behaviour Orders (ASBOs). Can be applied for by police including British Transport Police, local authorities, housing associations and Transport for London. They are used to stop persistent and serious anti-social behaviour that can affect the quality of life of the community. A breach is a criminal offence and can result in imprisonment.

Sexual Violence

2. Sexual Offences Prevention Orders (SOPOs). CPS may apply for these on conviction of an offence under Schedule 3 or 5 of the Sexual Offences Act. Police can also apply where an offender (with a relevant conviction) is behaving in a way that suggests they pose a risk of serious sexual harm to others. Specific conditions must be met and if granted they result in automatic sexual offender registration and inclusion in the Multi Agency Public Protection Arrangements (MAPPA). Breach can result in up to 5 years imprisonment.

3. Risk of Sexual Harm Orders (RoSHOs). Can be applied for by police where a person over 18 is deemed to pose a risk of sexual harm to a person under 16. Breach can result in up to 5 years imprisonment and inclusion on the Sex Offenders Register.

4. Foreign Travel Order (FTOs). Can be applied for by police, if relevant conditions are met, to prevent an offender travelling to another country to commit sexual offences against children. A FTO does not result in automatic registration but they are primarily used in the management of RSOs. They currently only last for 6 months. But this changes to 5 years on 1 April 2010.

5. All of the orders obtained under the Sexual offences are currently subject to section 127 Magistrates Courts Act 1980 requiring the behaviour complained of in support of the application to have occurred in the previous 6 months however this time limit will be disapplied from 1 April 2010.

6. Notification Orders (NOs) Police can apply for a NO for qualifying offenders (i.e. those convicted of relevant offences abroad). When a NO is issued, the offender is required to register within three days at a police station and therefore is included within the MAPPA. The NO is only used to bring an offender onto the Sex Offenders Register.

Non - Sexual Violence

7. Violent Offender Orders (VOOs). Can be applied for by police to restrict access of a qualifying offender (specified violence conviction) to people, places or events. VOO requirements are similar to sexual offender registration requirements and breaches can result in a term of imprisonment.

8. Non Molestation Orders. A non molestation order is used to restrain someone from harassing, causing or threatening violence to the applicant or to any children. The victim (or an agent on their behalf) can make an application. They protect an individual from molestation from a family member, a civil partner with whom they have been in a long term relationship or a person in the same household (not a lodger) who has subjected the victim to domestic violence in a family relationship. Breach is arrestable and can result in imprisonment.

9. Protection from Harassment Act 1997 provides both criminal and civil remedies for domestic violence. It overlaps with the Family Law Act 1996. Originally intended to address the problem of ‘stalking’ it is also now used for those who cannot show an association through family relationships required by the Family Law Act. Any person can apply. Criminal proceedings can be initiated under this act and breach of the civil remedy carries a power of arrest.

10. Domestic Violence Crime and Victims Act 2004 extends the Protection of Harassment Act and allows courts to impose restriction (restraining order) on any person following conviction or acquittal of specified offences. Anyone can apply.

Crime and Security Bill 2009 presented to Parliament on 19 Nov 2009 when enacted is intended to provide;

11. Domestic Violence Protection Orders (DVPOs). Police will be given the power to issue a Domestic Violence Protection Notice (DVPN) to a perpetrator of domestic violence restricting access to the victim or place where the victim resides for a period of 48 hours. The process could run in tandem with any criminal proceedings. Within those 48 hours the police can apply to a magistrates’ court in its civil capacity for DVPO.

12. Injunctions; as above are designed to control an individual’s behaviour by preventing them approaching certain people or places.

Send an e-mail linking to this page

Feedback