Section 102: Anti-social behaviour etc: out-of-court disposals

This section applies where—

The persons within this subsection are—

Before deciding what action to invite A to carry out, P must make reasonable efforts to obtain the views of the victim (if any) of the anti-social behaviour or the offence, and in particular the victim's views as to whether A should carry out any of the actions listed in the community remedy document.

If the victim expresses the view that A should carry out a particular action listed in the community remedy document, P must invite A to carry out that action unless it seems to P that it would be inappropriate to do so.

Where—

P must nevertheless take account of any views expressed by the victim (or victims) in deciding what action to invite A to carry out.

In this section—

• "action" includes the making of a payment to the victim (but does not include the payment of a fixed penalty);

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

• "community remedy document" means the community remedy document (as revised from time to time) published under section 101 for the police area in which A's anti-social behaviour or offence took place;

• "caution"—

  (a)in the case of a person aged 18 or over, includes a conditional caution within the meaning of Part 3 of the Criminal Justice Act 2003;

  (b)in the case of a person under that age, means a youth caution or youth conditional caution within the meaning of Chapter 1 of Part 4 of the Crime and Disorder Act 1998;

• "investigating officer" and "relevant prosecutor" have the same meaning as in Part 3 of the Criminal Justice Act 2003 (see section 27 of that Act);

• "victim" means the particular person who seems to P to have been affected, or principally affected, by A's anti-social behaviour or offence.