PART 6Local involvement and accountability

Community remedies

I1101The community remedy document

1

Each local policing body must prepare a community remedy document for its area, and may revise it at any time.

2

A community remedy document is a list of actions any of which might, in the opinion of the local policing body, be appropriate in a particular case to be carried out by a person who—

a

has engaged in anti-social behaviour or has committed an offence, and

b

is to be dealt with for that behaviour or offence without court proceedings.

3

For the purposes of subsection (2), an action is appropriate to be carried out by a person only if it has one or more of the following objects—

a

assisting in the person's rehabilitation;

b

ensuring that the person makes reparation for the behaviour or offence in question;

c

punishing the person.

4

In preparing or revising the community remedy document for its area a local policing body must—

a

have regard to the need to promote public confidence in the out-of-court disposal process;

b

have regard to any guidance issued by the Secretary of State about how local policing bodies are to discharge their functions under this section;

c

carry out the necessary consultation and take account of all views expressed by those consulted.

5

In subsection (4)(c) “the necessary consultation” means—

a

consultation with the chief officer of police for the area,

b

consultation with the local authority for any part of the area,

c

consultation with whatever community representatives the local policing body thinks it appropriate to consult, and

d

whatever other public consultation the local policing body thinks appropriate.

6

A local policing body must agree the community remedy document for its area, and any revised document, with the chief officer of police for the area.

7

Once the community remedy document, or a revised document, has been agreed with the chief officer of police, the local policing body must publish it in whatever way it thinks appropriate.

8

The Secretary of State must publish any guidance issued under subsection (4)(b).

9

In this section—

  • anti-social behaviour” has the meaning given by section 2 (ignoring subsection (2) of that section);

  • community representative”, in relation to a police area, means any individual or body appearing to the local policing body to represent the views of people who live in, work in or visit the area;

  • local authority” means—

    1. a

      in relation to England, a district council, a county council for an area for which there is no district council, a London borough council, the Common Council of the City of London or the Council of the Isles of Scilly;

    2. b

      in relation to Wales, a county council or a county borough council;

  • ‘ “out-of-court disposal process” means the process by which a person is dealt with under section 102 or by means of a conditional caution or youth conditional caution.