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Legal advice - Community Protection Warning

This has taken place in England.

The police came to my door to hand me a Community Protection warning, on the grounds of harassment. My neighbour frequently damages our communal door, slams doors, is loud and drags furniture throughout the night constantly. So I tried to get her in the act by filming through our door into the communal entrance.

I was not there at the time, so it was handed to a family member. But since I was not there, there is a section which says signature says "refused".

What I want to know is what are community protection warnings, are legally how enforceable is it if I have not signed the document?

Reply 1

Community Protection Notices

At this stage you appear to be getting a warning which can escalate to more formal actions if you don't comply, I don't think they really care if you sign it.

What did you get it for? v hard to believe it's just for filming out of your own door.

Reply 2

Original post by Anonymous
This has taken place in England.
The police came to my door to hand me a Community Protection warning, on the grounds of harassment. My neighbour frequently damages our communal door, slams doors, is loud and drags furniture throughout the night constantly. So I tried to get her in the act by filming through our door into the communal entrance.
I was not there at the time, so it was handed to a family member. But since I was not there, there is a section which says signature says "refused".
What I want to know is what are community protection warnings, are legally how enforceable is it if I have not signed the document?
It should specify on the CPW what the behaviour was that has led up to it. If you are adamant that its for this filming - how exactly would the person on the other side of the door know that this has taken place? In the first instance, you'd have to make a complaint log to the police as soon as possible as it can take some time to get sorted. If it does say "refused" on the signature line, you might be able to complain about that if you weren't actually in - your parents can't sign for you. Having said that, so long as it's sent to your address, you don't actually have to be in to receive it. Ask for the supervisor to review the video of it being served and that "refused" is not an accurate reflection of what happened, even though that's not a requirement.

CPWs are quite strong in that you do actually get put on PNC (Police National Computer) for them. If you breach the terms then it can be escalated to a Community Protection Notice, usually with the same terms - and failing to comply with those terms is an offence, for which the penalty is a fine. The CPW itself does not have any legal effect other than to act as a legal warning which is required by the Antisocial Behaviour, Crime & Policing Act 2014 before issue of a CPN.

It sounds to me like this whole thing is a neighbour dispute and at least one other party has made the requisite complaints. Take it up with your local Police Neighbourhoods team as a matter of priority quite apart from the complaint. Find out what behaviour it is that you are apparently engaging in. If it is the filming, you might have a case that its inappropriate to issue a CPW under those circumstances. If it gets escalated to a CPN, you might be in a bit of trouble. You'd have to ask what actual evidence they have to support it as unlike a CPW, a CPN does require supporting evidence, multiple sources and to show a background pattern of this behaviour.

CPNs and CPW are local authority based documents, so their application is restricted to the local authority you reside in, and policy on their issue varies from place to place, and almost all of them are issued by police. If you received it in London, the individual officer has a lot of leeway in issuing one and can basically do it on the spot, but the issue of the CPN is much more onerous. In other places, the issue of the CPW is harder to do, but the CPN follows very easily if the CPW is breached.

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