A new report released by Alcohol Concern/Alcohol Research UK explores the current use and issues over legal powers available to address alcohol-related Anti-Social Behaviour (ASB).
The Government estimates that alcohol misuse costs the criminal justice system £11bn every year, though the report states this is likely to be a significant under-estimation. Indeed the figure has been used since the 2003 Cabinet Analysis estimating total costs to society of £21 billion, though has since been subject to repeated calls for a comprehensive update.
The report highlights six legal powers introduced by the Anti-social Behaviour, Crime and Policing Act 2014 intended to support frontline agencies in tackling anti-social behaviour. These include Civil Injunctions (CIs) and Criminal Behaviour Orders (CBOs), which have replaced Anti-Social Behaviour Orders (ASBOs), though consultation with stakeholders only identified the use of CBOs.
Both CIs and CBOs can be applied to alcohol-related ASB, potentially allowing courts to ban certain behaviours such as street drinking or begging in a particular areas, as well as potentially being used for Alcohol Treatment Requirements (ATRs). ATRs may be considered a more positive intervention in that they may allow an offender to avoid more punitive sentencing on condition of engaging with treatment.
The report identifies 'some local evidence which suggests [ATRs] may also have the additional benefit of bringing people into contact with treatment services who may otherwise not engage' including in Weymouth where the Community Safety Team:
'...used CBOs as part of a broader initiative to deal with a small group of street drinkers who were often verbally abusive. In addition to the establishment of a multiagency ‘street drinkers group’, two CBO’s were issued requiring weekly attendance at EDP, the local drug and alcohol service. Following this broader initiative, two of the group engaged with EDP regularly and one successfully became abstinent.'
However a number of challenges are identified, including difficulties persuading the Crown Prosecution Service, magistrates or judges to support the use of CBOs, particularly regarding the use of positive requirements. This was largely attributed to limited understanding of the powers, in some cases a dislike of them and in others because they only appeared to be used if local police officers attended court to support their use. In addition, local treatment services were often unaware of the powers, or had reservations about supporting the use of criminal justice based interventions. Further, treatment services are under increasing pressure or ATRs had been ordered with little engagement with the services expected to deliver them.
Other issues are also highlighted in the report, including the need for careful assessment of the client's needs and potential implications of an ATR. For example, issues relating to mental health, safeguarding or cognitive impairment may be common and have direct implications for the order or ATR outcomes, as well as the client's safety and wellbeing. Indeed the report highlights 'the research on compelled treatment remains limited, with reviews noting the need for wider and more systematic evaluations'.
As such the report makes a series of recommendations and guidance for the use of the powers. Firstly, proper monitoring and evaluation should be implemented to understand the impact of the orders, including a national network to support their development. Training within the court system should support the use of positive requirements, whilst drug and alcohol services should be trained on the powers. The full range of stakeholders including commissioning and strategic partners should be engaged to ensure the best use of the powers and outcomes.
Alcohol and the criminal justice system: where next?
Seeking to address alcohol-related crime and disorder has been central to England's national alcohol policy since the first 2004 strategy and the relaxation of licensing legislation. The 2007 'Safe. Sociable. Sensible' strategy and local toolkit in 2007 was set in the context of a range of powers designed to tackle alcohol-related problems associated with public spaces, accompanied by a rapid rise in the designation of local 'controlled drinking zones' (DPPOs).
In 2010 the Home Office released 'The practical guide for preventing and dealing with alcohol related problems' (pdf) coming in at a mere 119 pages. In the same year, the National Offender Management Service (NOMS) also released extensive guidance for probation staff on the effective commissioning, management and delivery of a range of interventions for alcohol misusing offenders.
In 2012, the new Government strategy attracted significant media attention when it pledged to implement minimum unit pricing (MUP) as a tool to help 'tackle the scourge of violence caused by binge drinking', though of course MUP was subsequently dropped. Most recently in 2016 a new crime prevention strategy set out alcohol-related crime objectives, focussing on building intelligence, partnerships and 'equipping the police and local authorities with the right powers'.
Earlier this year a surprise announcement that the Government are developing a new alcohol strategy was made by the Parliamentary Under-Secretary of State for Health and Social Care. In a large part the strategy appears to be in response to Scotland's eventual implementation of MUP and renewed pressure for the Government to commit to more than 'waiting to see'. However addressing alcohol-related crime and disorder is likely to still to be seen as a politically prudent for the forthcoming strategy, though there may be many with concerns that health and treatment issues are placed as less important.
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