Examining victims’ experiences of Community Protection Notices in managing anti-social behaviour
| Published date | 01 September 2023 |
| DOI | http://doi.org/10.1177/02697580221081860 |
| Author | Zoe Rodgers |
| Date | 01 September 2023 |
https://doi.org/10.1177/02697580221081860
International Review of Victimology
2023, Vol. 29(3) 487 –506
© The Author(s) 2022
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DOI: 10.1177/02697580221081860
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Examining victims’ experiences
of Community Protection
Notices in managing anti-social
behaviour
Zoe Rodgers
Sheffield Hallam University, UK
Abstract
The Community Protection Notice (CPN) is a civil order designed to protect communities from
anti-social behaviour (ASB) within England and Wales by addressing unreasonable and persistent
conduct, which has ‘a detrimental effect on the quality of life of those in the locality’. Introduced
under the ‘Putting Victims First’ agenda and the ASB, Crime and Policing Act (2014), the civil
order can impose prohibitions alongside positive requirements upon any person aged 16 or over,
business, or organisation. Before a CPN is issued, a Community Protection Warning (CPW) must
be put in place by the police, local authority, social housing provider, or any other authorised
persons with delegated power from the local authority. This paper reports the findings of a
qualitative study that used semi-structured interviews to explore ASB victims’ experiences
of CPWs/CPNs for the first time. Discussions focus upon the impact of the ASB, authorities’
responses, perceived effectiveness of CPWs/CPNs, and recommendations for change. Significant
concerns emerge from the victims’ constructions of the CPN process regarding transparency,
accountability, the correctability of requirements imposed, and victim involvement. The findings
signify the need for an authentically restorative approach to ASB with three empirically grounded
recommendations provided that account for ASB victims’ needs and vulnerabilities.
Keywords
Anti-social behaviour, victims, transparency, restorative justice
Introduction
The Community Protection Notice (CPN) was introduced in England and Wales under sections 43
to 58 of the Anti-Social Behaviour, Crime and Policing Act 2014. This power sought to speed up
Corresponding author:
Zoe Rodgers, Department of Law and Criminology, Sheffield Hallam University, Collegiate Campus, Collegiate
Crescent, Sheffield S10 2BQ, UK.
Email: Z.Rodgers@shu.ac.uk
1081860IRV0010.1177/02697580221081860International Review of VictimologyRodgers
research-article2022
Article
488International Review of Victimology 29(3)
action to protect communities by enabling the local authority, police, social housing officers, and
any other authorised persons to issue a CPN if agreed by the local authority. The specified purpose
of the civil order is to ‘deal with particular ongoing problems or nuisance[s] which negatively
affect the community’s quality of life by targeting those responsible’ via the imposition of prohibi-
tions and positive requirements upon the perpetrator (Home Office, 2021). This power aimed to
resolve behaviour that does not constitute a criminal offence but was previously difficult to resolve
due to the broad powers available, such as the repealed Litter Cleaning Notice (Home Office,
2012). The introduction of this power was considered a welcome improvement by the Conservative-
Liberal Democrat Coalition by allowing authorities to address more than one type of anti-social
behaviour (ASB) at once, rather than having numerous behaviour-specific powers (May, 2010).
Therefore, it was hoped to speed up the action taken by authorities to protect victims through pro-
viding tools with the flexibility to respond to different forms of ASB without the necessity or delay
in requiring the application of several powers. A CPN can be issued to any individual aged 16 or
over or to a business where the ASB must meet the legal tests of being unreasonable, having a
detrimental effect on the quality of life of those in the locality, considered persistent, and continu-
ing. A Community Protection Warning (CPW) must first be issued outlining the requirements to be
adhered to, which would lead to the issuing of a CPN if the conduct continues (Heap et al., 2021).
The issuing does not necessitate court oversight with breach of a CPN considered a criminal
offence; this could result in a fixed penalty notice (up to £100) or a fine on conviction (up to £2,500
for individuals/£20,000 for businesses). Other sanctions include remedial action, forfeiture, or a
seizure order; non-compliance of a court order constitutes contempt of court with a maximum
5-year custodial sentence. These hybrid civil/criminal orders are problematic as they create a per-
sonalised criminal law whereby non-criminal conduct is penalised despite being otherwise lawful
if conducted by another individual (Ashworth and Zedner, 2014). The recipient of a CPW cannot
formally appeal against it, whereas a recipient of a CPN can appeal within 21 days of issuing to the
magistrates’ court; an example reason for appeal would include the requirements imposed being
perceived as unreasonable or excessive by the recipient (Parpworth, 2019). Although previous
research exists into the recipient’s perspective (Heap et al., 2021), there is a compelling deficit in
knowledge concerning victims’ experiences and perceptions of these new powers, including
whether the new legislation addresses the implications of previous approaches.
Implications of the legal definition of ASB for victims
The legal definition of ASB used in England and Wales as outlined by the ASB, Crime and Policing
Act 2014, broadly defines such behaviour to be ‘acting in a manner that caused or was likely to
cause harassment, alarm, or distress to one or more persons, not of the same household as the
defendant’. This broad legal definition of ASB has led to concerns about the implications for vic-
tims since its proposal and enactment concerning counting incidents, as, by focusing upon defining
the consequences rather than behaviours to address, it lacks specificity and measurability
(Hodgkinson and Tilley, 2011). Furthermore, this breadth blurs the lines between criminal, sub-
criminal, and nuisance behaviours, such as neighbour disputes, vandalism, fly-tipping, and intimi-
dating behaviours, which cause victims further distress when not addressed in a prompt and
effective manner (Home Office, 2012). The discretion instead rests on authorities to formulate a
definition of ASB to temper the vagueness of the national definition provided and align with the
political philosophy of localism. However, this interpretation is often to the detriment of victims
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