The Community Protection Notice (CPN) process
There are 3 steps.
Step 1 - Community Protection Warning Letter (CPW)
Before issuing a CPN, a Community Protection Warning (CPW) letter is sent.
The CPW must set out:
- what the problem is
- what needs to stop or change
- when it needs to be done by
- what will happen if it does not stop or change
This is a chance to stop problem behaviour without any formal sanctions being taken.
A CPW cannot be appealed.
This warning will expire after 6 months and if the problem stops, nothing else happens.
The victims and the community affected should be told that a warning has been issued and explain the next steps if the warning has not been followed.
Step 2 - Community Protection Notice (CPN)
Authorities can issue a CPN if the warning is not followed and the problems still occur.
The CPN tells them:
- what they must stop doing
- what things they must do
- what they must fix
- the time it needs to be done by
- the steps to make sure it will not happen again
The actions in a CPN differ depending on the situation. The actions must be appropriate for the problem and will be checked to make sure the CPN is being followed.
A CPN lasts for 12 months and if there are no more problems during that time, the notice will end.
The authorities can punish those who do not follow a CPN?
Step 3 - Breach of a Community Protection Notice
Failing to follow a CPN is a criminal offence. Ignoring it can lead to:
Fixed Penalty Notice (FPN)
If someone does not follow a CPN, giving them a FPN might be the best option. It might not solve the issue right away, but it can still be the right step to take.
The FPN should include:
- details of the offence
- how long they have before it may go to court
- how much the penalty is
- state who to pay and how to pay it
Remedial Action
A court can make sure what is set out in the CPN is done. This is called remedial action and may require:
- certain work be done to fix the problem, or
- certain work be done by the council or on its behalf to fix the problem instead
Remedial and Forfeiture Orders
We may ask the court to impose a Remedial Order and/or Forfeiture Order where:
- the problem is so serious a court order is needed
- works needs to be carried out to fix the problem, but the recipient of the CPN does not agree to the works being carried out.
- we believe that because of the problem, forfeiture or seizure of items is required
Forfeiture Orders
If the court finds someone guilty of not following a CPN, it might order the removal of the items used to cause the problem. Such as:
- spray paint
- music equipment
- vehicles
These items can be thrown away or destroyed. They must be given to the police or council as soon as possible.
Seizure
The court can give a warrant if rules of a CPN are broken. This allows us, or the police to use reasonable force to remove the items causing the problem. Items can be thrown away or destroyed.