KSL Response to Newcastle PSPO proposal

KSL Response to Newcastle PSPO proposal

Please take a moment to complete this short, online consultation about a proposed Public Space Protection Order (PSPO) in Newcastle which the Keep Streets Live Campaign is opposing because it could see vulnerable, homeless and destitute people facing criminal records and fines of up to £1000 and because it is unduly restrictive and vague in its wording.

https://letstalknewcastle.co.uk/consultations/index/206

We are publishing some of our reasons for opposing the PSPO which you should feel free to use for your reference. The deadline for the consultation is Friday 14th October

Newcastle’s proposed city-wide PSPO

The proposed PSPO is too wide in its scope and likely to criminalise behaviour and activities that are not, in and of themselves, harmful. The local authority should target enforcement against persons who are causing harm to other people with the proportionate use of existing powers rather than creating a new power that is open to misuse and is likely to be used against people who are vulnerable.

On begging

Including begging in the PSPO will have the effect of criminalising vulnerable and destitute people and trapping them further within a cycle of deprivation. On the spot fines of £100 which can rise to £1000 and a criminal record will enmesh people within the criminal justice and court system at great cost to the public purse whilst doing nothing to address the complex array of reasons which lead people to beg in the first place. There are a wide range of existing powers which the police can already use to target people whose behaviour causes alarm, harassment and distress to other people as well as people begging. The police and council should target their limited resources to enforce against persons whose behaviour is causing identifiable harm to other people. Many who beg are doing so because they are destitute or have complex needs, mental health problems and/or addiction. Fining and criminalising people who are vulnerable risks exacerbating these issues. This should not be considered on the draft order.

On Chugging

The proposed wording for this part of the PSPO is far too vague and ill-defined and drags activities and behaviours that are not harmful into the realm of the criminal law. There are existing powers that can be used to target any chuggers whose behaviour causes alarm, harassment or distress to any person or is any other way unlawful. The proposed PSPO would have the effect of criminalising people’s livelihood on grounds that have the potential to be completely spurious.

On ‘legal highs’

A PSPO is the wrong legal mechanism to address this issue. The new legislation relating to legal highs outlaws the possession, distribution, sale and supply of legal highs in public places. The creation of a new ‘catch-all’ power in relation to this issue is not necessary and might risk people being criminalised/fined when they are not actually using legal highs. What tests, safeguards or procedures would be in place to ensure that there was evidence that a person was using a banned substance? How would this be proved? What safeguards would be in place to ensure that vulnerable persons received the interventions and treatment that they need? This PSPO risks criminalising already marginalised and vulnerable people.