Skip to main content

Council's creating "bizarre" criminal offences

People meeting to show off their cars in a car park
A car-meet at a retail park



Public Spaces Protection Orders (PSPOs) allow councils to ban all kinds of behaviour that would otherwise be lawful and, in effect, to turn that behaviour into a criminal offence.  Personally, I'm not keen on local authorities having too much power, particularly after many were found to be abusing powers under RIPA to undertake intrusive surveillance to catch relatively petty criminals.

A PSPO allows councils to impose on the spot fines of £100 against people breaching the orders.

Examples of current PSPOs include:
  • A ban on motorists entering a retail park in Colchester, Essex after 6pm unless they are using shops and facilities
  • Criminalisation of begging for money in certain areas of Poole, in Dorset
  • A ban on the consumption of alcohol and legal highs in public spaces in the city centre by Lincoln Council
  • Outlawing the possession of an open container of alcohol in Cambridge
All of these examples have very worthy aims; the retail park ban aims to stop people meeting in car parks and showing off their cars, something that is reasonably common in Essex.  The bans on begging, consuming alcohol and possessing open containers of alcohol are there to prevent anti-social behaviour.

But, there is one question I'm confused about.  It's already an offence to be drunk and disorderly.  It's already an offence to drive dangerously or without due care and consideration for other road users.  Why not simply rely on the existing law?  Why is it necessary to give local councils powers to effectively create criminal offences at will?

Councils should, in my opinion at least, ask themselves whether imposing a PSPO is the most proportionate response to the problem.  For example, if people are meeting in car parks at night then why not advise the land owner that the gates should be locked at the close of business.  Most shops close between 6 and 8pm - you'll find that if people attending car meets have their cars locked in the car park over night they will stop meeting there, which is surely the point of the PSPO.

If people are drunk and disorderly then deal with them for that offence - if they are not drunk and disorderly but just minding their own business then what is the problem with them having a drink in a public area?

It is the fashion in the UK currently to identify things we don't like and then ban them - or at least attempt to ban them.  I have long said that using the criminal law to modify behaviour is much like using a sledge hammer to de-shell a peanut

Comments

  1. It looks like they are introducing these new rules so they don't have to worry about gathering evidence or proving an offence.

    It's presumably much harder to prove that someone was being drunk and disorderly than it is to prove they had alcohol. No need to bother with things like courts, or evidence...

    ReplyDelete
  2. With police forces indicating that they will ration call outs depending on seriousness it is not unlikely IMHO that such actions by public authorities are in full co-operation with their local force.

    ReplyDelete

Post a Comment

Popular posts from this blog

Ched Evans

Before I begin, I will say that at around 4,500 words this is probably the longest blog I’ve ever posted but I think it’s all necessary to set the scene for this case and explain the background that has been largely ignored or airbrushed in the press. Despite its length, I have not attempted to include every little detail of either fact or law but have done my best to provide a balanced picture of the Ched Evans case, what happened and why the courts reached the decisions they did. There has been so much written about the Ched Evans case over the past weekend, much of it based on a very shaky grasp of the facts and law, that I decided I would read up about the case and weigh in (hopefully on a slightly firmer footing than most of the articles I’ve read so far).

Broadly speaking there seem to be three groups who have opinions on the case:
1.Sexual violence groups (including people describing themselves as “radical feminists”) who appear to take the view that the case is awful, the Court o…

How do the police decide whether to charge a suspect?

A question I’m often asked by clients (and in a roundabout way by people arriving at this blog using searches that ask the question in a variety of ways), is “how do the police decide whether to charge or take no further action (NFA)?”
What are the options?
Let’s have a quick think about what options are available to the police at the end of an investigation.
First, they can charge or report you for summons to attend court.  Charging means that you are given police bail and are required to attend court in person.  A summons is an order from the court for you to attend or for you to send a solicitor on your behalf.  In many cases where a person is summonsed, the court will allow you the option of entering a plea by post.
Second, you may be given a caution.  These can be a simple caution, which on the face of it is a warning not to be naughty in future, or it can be a conditional caution.  Conditions could include a requirement to pay for the cost of damage or compensation, etc.  Either…

Bid to prevent defendants knowing who accuses them of a crime

When I read The Trial by Kafka and Nineteen Eighty-Four by Orwell, I took them as warnings of how a bad justice system wrecks lives of those caught up in it. Sadly, some Members of Parliament and the House of Lords seem to view the books more as a guide to how they would like our Criminal Justice System to run. Today, I read of plans to hide the names of accusers and witnesses from defendants in a large number of cases. Victims of sexual offences, such as rape, have had the right to lifelong anonymity for many years now. This means that it is a criminal offence to publish information that will lead to a complainant being identified. A Bill currently being considered by Parliament would extend that anonymity to bar defendants and their lawyers knowing the name of the person accusing them. This would apply not only in sexual offences, as has been reported in the press, but also in violent offences.
The anonymity currently offered to victims of sexual offences is not total, the complainant…