Net-widening, gap-filling, and shortcut justice: the practice of Community Protection Notices to regulate anti-social behaviour

Since being introduced in 2014, Community Protection Notices (CPNs) have changed the anti-social behaviour (ASB) policy landscape in England and Wales. Using Cohen’s (1985) netwidening analogy as an analytical framework, we evidence how CPNs are an example of the creeping criminalisation of sub-criminal behaviours from first-wave to second-wave ASB policy. In doing so, we highlight how frontline policing bodies have lowered the behavioural threshold at which ASB enforcement takes place, demonstrate how CPNs are employed to fill gaps to regulate behaviour not traditionally associated with the criminal justice system, and show how CPNs are escalated to a Criminal Behaviour Order in a way that shortcuts due process and results in disproportionate punishment.

What is it about?

The study examined the evolution of anti-social behaviour (ASB) policy in England and Wales, particularly focusing on the use of Community Protection Notices (CPNs) introduced in 2014. The methodology employed a qualitative case study approach, gathering data from 36 interviews with frontline practitioners and ASB trainers across four areas between 2019 and 2021. The research analyzed how CPNs have broadened the scope of behaviours subject to regulation, drawing more individuals into contact with policing bodies at lower behavioural thresholds. It found that CPNs are used to address behaviours not traditionally linked to the criminal justice system, effectively filling regulatory gaps. The study also observed that breaches of CPNs are often escalated to Criminal Behaviour Orders, bypassing traditional due process. It highlighted a lack of central oversight and scrutiny in local CPN issuing practices, raising concerns about accountability and data collection on CPN effectiveness. The findings underscore the intensification of ASB regulation and the discretionary practices of frontline officers in defining and sanctioning behaviours.

Why is it important?

This study is important as it critically examines the evolution of anti-social behaviour (ASB) policy in England and Wales, particularly through the introduction of Community Protection Notices (CPNs). By using Cohen's net-widening analogy, it highlights the implications of extending criminalization to behaviours traditionally outside the criminal justice system. This research underscores the potential risks of lowering behavioural thresholds, which can lead to unnecessary criminalization and a rollback of legal protections. It brings attention to the lack of oversight and evaluation in ASB practices, raising concerns about the effectiveness and fairness of current preventive social control measures.

Key Takeaways:

1. Lowered Enforcement Thresholds: The study finds that CPNs have led to a broader range of behaviours being subject to regulation, drawing more individuals into contact with policing bodies due to reduced thresholds for ASB enforcement.

2. Flexibility and Gaps in Regulation: CPNs are used to address behaviours not traditionally linked to criminal justice, acting as a quick fix to fill regulatory gaps, which may sideline established legal processes.

3. Escalation and Disproportionate Punishment: The research reveals that breaches of CPNs can escalate to Criminal Behaviour Orders, bypassing due process and leading to disproportionate punishment relative to the behaviour or risk posed.