As a witness of antisocial behaviour and harassment you are playing a vital role in helping us protect your community and to improve the quality of life for all those who live, work and visit. This charter sets out our commitment to you going forward.Witnesses involved in giving evidence will receive our assistance and full support. We understand that reporting problems and giving evidence in court can be difficult decisions and that victims require specific support and guidance from us. This charter outlines our minimum service standards in supporting witnesses from the initial complaint to preparing a case and attending court. We will continue to support witnesses after legal action has been concluded. We understand that the needs of a witness will differ from person to person and we will ensure that the support we provide is tailored to meet an individual’s needs. When you are considering becoming a witness we will meet with you to discuss this Charter in detail, explaining the standards and the commitment it provides you, and we will be available to answer any questions you may have.
Reporting Incidents
- You can report an incident of antisocial behaviour in writing, in person, by telephoning us or someone can report it for you
- All your reports will be treated in strict confidence and never revealed to a third party without your knowledge and consent
- Your report will always be taken seriously and we will arrange for a Place Manager to speak to you in person within 5 working days
- We will ensure we listen carefully to your report and record it accurately
- Any urgent reports concerning violence, threats or serious property damage will be treated as top priority and we will interview you within 24 hours
Discretion and Confidentiality
- Yorkshire Housing will guarantee your anonymity up until you agree to become a formal witness.
- If you become a formal witness, the perpetrator will know your name and address and will eventually read your signed statement.
- If your case is very high risk you can give your evidence anonymously.
- We will be discreet when visiting your home or arrange to meet you elsewhere.
- We will not discuss your involvement in the case with any third party, unless you are happy for us to do so.
Progress of your case
- Once the investigation is underway, we will update you on progress at least once a week by telephone, email, text, visit or letter. We will explain clearly and carefully reasons behind all our decisions.
- We will ask you to complete written records of further incidents and we will help your keep excellent records. We will look after all evidence carefully and we will not pass on your information to a third party without your permission.
- If you report threats, violence or serious intimidation during the investigation we will investigate these immediately (no longer than 24hrs). We will discuss with you whether any additional support or security measures are needed.
Making a statement
- We will arrange to take your statement as soon as possible at a time and location convenient to you. We will ensure it is an accurate record and you are comfortable with what it says before you are asked to sign it.
- We will provide you with a copy of your signed statement.
- Your statement will not be used until you have checked, signed and agreed its use.
Taking legal action
- Yorkshire Housing will not start legal proceedings against the perpetrator without your advance knowledge, and we will keep you informed at each stage of proceedings.
- We will discuss the proposed legal remedies with you and arrange for you to speak to our solicitor if you want.
- We will assess the risks you and your family face on a daily basis and respond if these escalate. If you need us we can keep in touch with you outside office hours. You will be given the direct telephone number of a person who can discuss the case with you
Preparing for Court
- We will ask you to advise us of any dates you will be unavailable and will liaise with the court to try and avoid such dates.
- Where possible we will give you advance notice of the hearing date and any changes to it, and we will try to ensure that you only attend court when you are needed to give evidence.
- We will help you with the practical arrangements for your attendance at court which may include providing transport and an escort to and from court.
- We will provide you with information about what happens at court and discuss any concerns you may have.
- Before any hearing, we will ask court officials to provide for any disability or medical condition that you may have.
- If you have any language or communication needs, we will organise an interpreter or signer for the hearing.
In the Court Building
- You will be able to bring someone to support you at court.
- The ASB and tenancy enforcement officer will accompany you at all times during and after the trial.
- You will have further opportunities to read your statement and to ask any questions from your ASB and tenancy enforcement officer or the solicitor.
- You will not be waiting in the same room as the perpetrators, or ever left alone in the court building.
- We will ensure that the outcome of the hearing is fully explained to you before you leave the building.
What outcomes are possible at Court? Injunctions – An injunction is an order from a court that tells someone to either stop doing a certain thing (like playing loud music) or to do a certain thing (like tidy their gardens). Breaking an injunction is a serious offence that can lead to a fine or prison. There are two types of injunctions:
- Tenancy Injunction
- Injunction to Prevent Nuisance and Annoyance(IPNA)
Undertakings – Sometimes the perpetrator can agree to give an undertaking rather than go through the full injunction procedure. This is a promise to the court to do a certain thing or not to do something. You won’t normally need to answer questions. Breaking an undertaking is as serious as breaking an injunction.
“Without Notice” – In cases of violence or threatened violence we can obtain an emergency injunction within a day and without the perpetrator having prior knowledge or “notice”
“With Notice” – This is the most common injunction we use. The perpetrator will receive all the evidence and will be given “notice” of the trial so he/she can defend themselves. The Injunction Order lasts for a specified time, usually 12 months.
Power of Arrest – Sometimes, if there is a real risk of harm to neighbours the judge will attach a power of arrest to the injunction. This allows the police to arrest the perpetrator on “reasonable suspicion” of breaching the Order. The police will then deliver the perpetrator in to court the following morning. If you have witnessed this incident, you will be required to attend in person as a witness.
Committal – Most injunctions work and the problems stop. However, if the perpetrator ignores an injunction or an undertaking they’re in contempt of court. This is a serious offence and Yorkshire Housing will need to return to the courts to seek a further trial which is called a committal hearing. The penalties for breaking an injunction are a fine, or prison sentence, or both. The evidence must be detailed and convincing. It is almost certain that if you have witnessed any breaches you will be needed to give evidence in front of the judge.
What other outcomes are possible at Court? Possession – We can ask the court to evict a tenant because of their antisocial behaviour or that of someone living with or visiting them. Such a case can last several days. You’ll almost certainly have to answer questions from the perpetrator’s solicitor. The judge may ask you questions too. The judge listens to the evidence and decides if the possession can go ahead. There are two possible outcomes:
- Immediate possession – the tenant has to move out within a certain time decided by the judge – usually no more than 28 days.
- Suspended possession – the judge sets a time period (usually two years) when the tenant must not repeat their behaviour. If they do, we can go back to court and ask for immediate possession.
After the trial
Yorkshire Housing understands that for some witnesses the case does not end with a trial, but only when the perpetrators have stopped their antisocial behaviour or harassment. We will continue our support, advice and our legal actions until the problems have stopped. We will keep in regular contact with you until the case can be formally closed.
Words & phrases used in Court Affidavit – A written description of events that a witness must swear or affirm is true in court.
Affirm – Confirm the truth or something in court – a non-religious alternative to swearing an oath.
Barrister – A legal representative who is experienced in presenting or defending cases in front of the judge.
Claimant – The person or organisation bringing the legal case to Court (in this case it would be Yorkshire Housing)
Committal Hearing – A court case held to decide if the Defendant has ignored or broken a Court Order such as an injunction.
Contempt of Court or Disobeying the Court – Breaking a Court Order is a serious criminal offence. The judge can send the Defendant to prison for up to 5 years, or fine them, or both. It is also likely that the Association (Yorkshire Housing) will begin eviction proceedings as well.
County Court – The court where a civil case is heard. Most of Yorkshire Housing’s actions are in the County Court. The police often use the Magistrates Court for criminal cases.
Defendant – The person Yorkshire Housing is bringing the case against (usually the perpetrator).
Injunction – An order from a court that tells someone to stop doing a certain thing or to do a certain thing
Perpetrator – The person causing the antisocial behaviour or harassment.
Power of Arrest – The police are given the authority to arrest the Defendant if they “reasonably believe” the Court Order has been broken. The judge will grant such a power if there is significant risk of harm to others.
Solicitor – An experienced lawyer acting on behalf of Yorkshire Housing (Claimant) from the very beginning of the case.
Statement – A written record of events based on the incident diary that the witness signs as true. In Committal hearings, the witness will swear an affidavit in front of a court employee.
Suspended Sentence – A prison sentence that is only enforced if the perpetrator breaks a further court order within a time set by the judge.
Swear on Oath – Confirm the truth of something in court – done on a bible or other religious book.
Tenancy Agreement – The legal contract of rules between the landlord and a tenant.
Undertaking – A solemn promise made to the court by a perpetrator to do a certain thing, or not do something.
Support for Victims & Witnesses We always treat your report as confidential. Many victims and witnesses feel too frightened and intimidated to report problems or to be witnesses in any legal action. This section sets out what you can do to overcome these fears and what support Yorkshire Housing can offer.
Close and Regular Contact – We will keep in touch with you at least every two weeks but more frequently if you need us to.
CCTV - We have a supply of different camera equipment that can be installed in your home to help protect property and monitor further incidents.
Out of Hours Service – We can provide witness support at weekends whereby our experienced members of staff can contact you by telephone at pre-arranged times to offer support and advice and to take details of any further incident.
Physical Security Measures – Victims and witnesses can have improved security for their property such as: extra locks fitted to doors and windows; a security light; letter box grill.
Going to Court – If you're acting as a witness, Yorkshire Housing will explain to you what will happen. We will make sure you don’t have to share any waiting area with the perpetrators if you don’t feel comfortable with it
Injunctions – If the victim or witness is directly threatened or faces increased problems because of their help in the case, Yorkshire Housing will seek urgent Injunctions to prevent further incidents. These have been very successful in the past.
What you can do
- Report all serious incidents to Yorkshire Housing and the police immediately
- Keep good records when things happen, download the ASB App to upload recordings,videos and notes about what is happening.
- Talk with neighbours and other victims
- Tell us if you need extra support and seek help from health professionals if you feel that you need it
- Keep in touch with your place manager at Yorkshire Housing