Section 30 Dispersal Orders

Section 30 Dispersal Orders have been used to great effect in both North Devon and Torridge Districts as a way of tackling anti-social behaviour. Areas of Barnstaple and Bideford have been subject to Dispersal Orders. Reports from local police suggest that the power has reduced anti-social behaviour in these areas.

Sgt Mark Harper, Neighbourhood Team Leader for Barnstaple says

“Since the introduction of the Section 30 in the town centre of Barnstaple, we have seen a 30% reduction in violent crime as well as reductions in criminal damage, public order and drunkenness offences. Section 30 allows officers extra power to ensure early resolution of problems, dispersing likely offenders before any crimes or can damage occur. It also reduces demand on policing the town centre providing officers with more time to deal with other problem areas, it is less bureaucratic. But very importantly it reassures the public, setting clear boundaries for likely offenders, that nuisance, intimidation or threatening behaviour simply will not be tolerated.”

What is a Dispersal Order?

Dispersal Orders are part of the Anti-Social Behaviour Act 2003 and are also commonly referred to as Section 30.

Section 30 applies to a defined geographic area, often called a Dispersal Zone, where group disorder has caused the public intimidation, harassment, alarm or distress and there is a persistent and significant problem of anti-social behaviour in the same area. The designation can be for a maximum of 6 months, but it can be renewed.

Dispersal Powers enable the Police and the Local Authority to work together to identify particular problem areas that need targeted action to help local communities to remove intimidation and anti-social behaviour from their streets. These powers are not intended to be used in isolation, but should form part of an integrated response to tackling crime and disorder in local areas.

What Powers does it give the Police?

They extend the Police powers that already exist under the Public Order Act 1986, the Criminal Justice & Public Order Act 1994 and the Criminal Justice & Police Act 2001.

In addition there already exists the Common Law power where there is a threat to Breach of the Peace. In this circumstance, the Police can arrest or move on groups of people, where their behaviour amounts to a criminal offence or serious disorder is threatened.

Section 30 Dispersals give the Police a specific power.

During the course of a Section 30 Designation, when a uniformed Police Officer (or PCSO with these powers) has reasonable grounds to believe that the presence or behaviour of a group of 2 or more in the area has caused or is likely to cause the public intimidation, harassment, alarm or distress the can:

1. Order any or all members of the group of 2 or more to disperse (i.e. split up but remain in the designated area)
2. Order them to disperse and LEAVE the designated area, if they live outside of it.
3. Order them to disperse and LEAVE the designated area, if they live outside of it, and not return until a specified time (maximum of 24 hours).

For those that live within the designated area, option 1 can be lawfully used.

Defining a Section 30 Dispersal Zone

The Section 30 Zone can be of any size, for example as small as a telephone kiosk and up to a maximum of an entire Local Authority (District) area.

Consideration must be given to the ability of the Police to resource the area and the possible displacement of problems from the one area to another.

Consultation

The Police must seek the consent of the Local Authority (District) to proceed with a Section 30 Dispersal Zone.

This will normally be done following multi-agency consultation with key interested parties, including councillors for the area involved. This is an opportunity to engage partners to support the police action and also to identify interventions that may resolve or assist with the problems of the group disorder in the area.

This meeting would be followed up by a formal letter of application from a Police Superintendent to the Local Authority (District) Chief Executive.

Informing the Community

Provided the Local Authority consents, the publicity must take place prior to the start of the designation. This is often in the form of an article in the local media, and the posting of notices and maps in the area.

The formal notice must be signed by a Police Superintendent and outline the grounds for designating the area as a Dispersal Zone.

It may be appropriate to visit schools and youth clubs to raise awareness of the legislation and dispel the associated myths.

Enforcement of Section 30

It is the responsibility of the Police to enforce the Section 30 Dispersal Zone. Only a uniformed officer can disperse groups.

Anyone failing to comply with direction to disperse is committing an offence and can be arrested and prosecuted.

A maximum penalty is 3 months imprisonment, £2500 fine or both.

A fixed penalty ticket is not available for this offence.

Monitoring and Evaluation

The Police will record the extent to which dispersal orders are used and the outcome of breach offences.

This will provide valuable information as to the effectiveness of the Dispersal Zone and whether or not it is necessary to renew the zone immediately or in the future.