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The couple banned from staring through neighbours' windows | The couple banned from staring through neighbours' windows |
(35 minutes later) | |
Prosecutions for breaking Community Protection Notices - sometimes known as the new Anti-Social Behaviour Orders (Asbos) - are on the rise in England and Wales. But there are concerns the powers are being used unfairly, with no need to prove the accusations being made. | Prosecutions for breaking Community Protection Notices - sometimes known as the new Anti-Social Behaviour Orders (Asbos) - are on the rise in England and Wales. But there are concerns the powers are being used unfairly, with no need to prove the accusations being made. |
"I'm desperately sad that this has happened," Sheila Jacklin tells the BBC Victoria Derbyshire programme. | "I'm desperately sad that this has happened," Sheila Jacklin tells the BBC Victoria Derbyshire programme. |
"I put on a brave face, because you have to. But I am deeply sad." | "I put on a brave face, because you have to. But I am deeply sad." |
Sheila has lived with her husband Nigel in their home on the East Sussex coast for 26 years. | Sheila has lived with her husband Nigel in their home on the East Sussex coast for 26 years. |
It was the idea of being moments from the beach that first attracted them to the area, Sheila says. | It was the idea of being moments from the beach that first attracted them to the area, Sheila says. |
But taking their normal path to the seafront means they now risk breaking the law. | But taking their normal path to the seafront means they now risk breaking the law. |
This is because the couple have been accused of "harassing" their neighbours, originating from a planning dispute, and been issued with a warning letter for a Community Protection Notice (CPN). | |
It means they are subject to a number of rules which, if broken, could see them given a full CPN - which it is a criminal offence to breach. | It means they are subject to a number of rules which, if broken, could see them given a full CPN - which it is a criminal offence to breach. |
The couple are not allowed to walk in a large area in front of their house, be perceived to be looking at any windows in their village or walk on the beach in front of their house. | The couple are not allowed to walk in a large area in front of their house, be perceived to be looking at any windows in their village or walk on the beach in front of their house. |
They deny the claims of harassment, and say the council has placed the restrictions on them without hearing their side. | They deny the claims of harassment, and say the council has placed the restrictions on them without hearing their side. |
CPNs are designed to prevent unreasonable behaviour that affects the local community's quality of life, and are the closest of new powers to Anti-Social Behaviour Orders (Asbos), which were replaced in 2015 in England and Wales. | CPNs are designed to prevent unreasonable behaviour that affects the local community's quality of life, and are the closest of new powers to Anti-Social Behaviour Orders (Asbos), which were replaced in 2015 in England and Wales. |
But, unlike Asbos, the CPN warning letters can be issued by police and councils without proof of the claims being made, and without going through the courts. | But, unlike Asbos, the CPN warning letters can be issued by police and councils without proof of the claims being made, and without going through the courts. |
Sheila describes the CPN warning as "ridiculous". | Sheila describes the CPN warning as "ridiculous". |
"[The exclusion zone] looks as if someone's got a red crayon and gone round [an arbitrary area]. There's no logic to it." | "[The exclusion zone] looks as if someone's got a red crayon and gone round [an arbitrary area]. There's no logic to it." |
Rother District Council said: "In this case, Sussex Police issued a warning letter on behalf of the council in an attempt to resolve a long-standing neighbourhood dispute." | Rother District Council said: "In this case, Sussex Police issued a warning letter on behalf of the council in an attempt to resolve a long-standing neighbourhood dispute." |
The Jacklins say they continue to walk in the area in front of their home, breaking their warning, and are expecting to be given a full CPN - which they say they will challenge in court. | The Jacklins say they continue to walk in the area in front of their home, breaking their warning, and are expecting to be given a full CPN - which they say they will challenge in court. |
"We are just doing what we have been doing for 26 years, so we'll continue to [go there]," says Nigel, resolutely. | "We are just doing what we have been doing for 26 years, so we'll continue to [go there]," says Nigel, resolutely. |
Breaking a CPN can lead to a fine, and and multiple breaches can result in prison. | Breaking a CPN can lead to a fine, and and multiple breaches can result in prison. |
In the year ending September 2017, there were more than 1,220 prosecutions for breaching CPNs, a Freedom of Information request to the Ministry of Justice has found. | In the year ending September 2017, there were more than 1,220 prosecutions for breaching CPNs, a Freedom of Information request to the Ministry of Justice has found. |
This was a 42% rise on the previous 12 months, the Victoria Derbyshire programme has found, when there were 855 prosecutions - of which 75% were successful. | This was a 42% rise on the previous 12 months, the Victoria Derbyshire programme has found, when there were 855 prosecutions - of which 75% were successful. |
The full number of CPN warning letters issued each year is not known. | The full number of CPN warning letters issued each year is not known. |
Shouting, crying, arguing | Shouting, crying, arguing |
Josie Appleton from the Manifesto Club, which campaigns for civil liberties, has concerns over how CPNs are issued - and says they are "very hard to appeal". | Josie Appleton from the Manifesto Club, which campaigns for civil liberties, has concerns over how CPNs are issued - and says they are "very hard to appeal". |
"A CPN can literally be written on a form, and after that it's a crime for you to do what they say you do. | "A CPN can literally be written on a form, and after that it's a crime for you to do what they say you do. |
"I really think that councils are not in the position to be issuing these legal sanctions against people. | "I really think that councils are not in the position to be issuing these legal sanctions against people. |
"It's a completely arbitrary power. And where you have arbitrary powers you have bad law enforcement." | "It's a completely arbitrary power. And where you have arbitrary powers you have bad law enforcement." |
The Victoria Derbyshire programme has seen evidence of people receiving CPNs for shouting, crying, arguing and feeding birds in the garden. | The Victoria Derbyshire programme has seen evidence of people receiving CPNs for shouting, crying, arguing and feeding birds in the garden. |
One case involved a woman in north-east England who says she was issued with a CPN after making noise while being subject to domestic violence. | One case involved a woman in north-east England who says she was issued with a CPN after making noise while being subject to domestic violence. |
Joanne, who is challenging her CPN conviction, said the notice - plus a fine - was pushed through her door. | Joanne, who is challenging her CPN conviction, said the notice - plus a fine - was pushed through her door. |
She believes it originates from complaints from one neighbour. | She believes it originates from complaints from one neighbour. |
"I'm not paying the fine," she says. | "I'm not paying the fine," she says. |
"I've got no previous convictions, I'm a hard-working law-abiding citizen. I don't know how it's happening." | "I've got no previous convictions, I'm a hard-working law-abiding citizen. I don't know how it's happening." |
Simon Blackburn from the Local Government Association, however, argues that CPNs are a valuable tool for reducing anti-social behaviour. | Simon Blackburn from the Local Government Association, however, argues that CPNs are a valuable tool for reducing anti-social behaviour. |
"Local authorities aren't going around looking for problems," he says, "they're responding to issues - very serious issues, often - that are reported to them. | "Local authorities aren't going around looking for problems," he says, "they're responding to issues - very serious issues, often - that are reported to them. |
"And we have a duty to protect the public, and we take that duty very seriously." | "And we have a duty to protect the public, and we take that duty very seriously." |
He says people have the right to appeal to a magistrates' court within 21 days, and often a warning letter is "all that's required" to ensure a change in the recipient's behaviour. | He says people have the right to appeal to a magistrates' court within 21 days, and often a warning letter is "all that's required" to ensure a change in the recipient's behaviour. |
A Home Office spokesperson said: "We are clear that Community Protection Orders should be used proportionately to tackle anti-social behaviour." | A Home Office spokesperson said: "We are clear that Community Protection Orders should be used proportionately to tackle anti-social behaviour." |
But for Sheila, it is a power that is needlessly turning aspects of their daily life into an offence. | But for Sheila, it is a power that is needlessly turning aspects of their daily life into an offence. |
"It's the criminalisation of us, frankly," she says. | "It's the criminalisation of us, frankly," she says. |
Watch the BBC's Victoria Derbyshire programme on weekdays between 09:00 and 11:00 on BBC Two and the BBC News Channel. | Watch the BBC's Victoria Derbyshire programme on weekdays between 09:00 and 11:00 on BBC Two and the BBC News Channel. |
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