The Community Protection Notice (CPN) is part of the Anti-social Behaviour, Crime and Policing Act 2014.
It can be issued to anyone over the age of 16 and can be used to deal with a wide range of ongoing anti-social behaviour issues or nuisances which are having a detrimental effect on the community’s quality of life by targeting those responsible.
There are three stages to the CPN.
A written warning, known as a Community Protection Warning (CPW) will be issued to you, outlining what action you are required to take or stop within a set time period.
This is an opportunity to modify behaviour without any formal sanctions being taken.
You cannot appeal a Community Protection Warning.
If you fail to take the actions outlined in the Community Protection Warning, a Community Protection Notice (CPN) can be issued to you.
The CPN will give details of what actions you are required to take or stop within a set time period. Failure to comply with the CPN may result in sanctions being taken.
Failure to comply with a Community Protection Notice is a criminal offence. Where an individual, business or organisation fails to comply with the terms of a Community Protection Notice, a number of options are available:
Fixed Penalty Notice - Depending on the behaviour in question, the issuing officer could decide that a fixed penalty notice would be the most appropriate sanction. The fixed penalty for a breach of CPN is £100. See http://www.n-somerset.gov.uk/fpn for details on how to pay
Prosecution - If you are prosecuted and convicted the maximum penalty is a fine not exceeding level 4 on the standard scale (currently £2,500); to a fine not exceeding £20,000, in case of a body
Remedial Action - The court may make whatever order the court thinks appropriate for ensuring that what the notice requires to be done is done. In order under this section may in particular require:
Forfeiture/Seizure - The court may require you to surrender possession of any item used in your failure to comply with the Notice to a constable or to a person representing the local authority. The court may require this to be destroyed or disposed of by the police force. A justice of the peace may issue a warrant, authorising a constable or authorised person to enter your premises to seize the item.
