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Aberdeen Drug Closure

Area

Aberdeen

Intelligence - what was the nature of the antisocial behaviour?

Drug dealing from the premises and the volume of people who were back and forward to the flat rather than general ASB connected with noise, verbal abuse, parties etc.

Involvement - which partners were involved?

Grampian Police, Aberdeen Local Authority, Housing Department

Intervention(s) - which intervention(s) were used and why?

Closure Order.   The police did not have enough evidence/corroboration to go forward with criminal charges but had statements from witnesses regarding the constant comings and goings to the flat of persons and particular known persons, and the effect it was having.

Implementation - how were the intervention methods realised in practice?

Initially looked at serving the closure notice in July.  However, the Defender was then in hospital for 5 weeks.  He was warned that if the alleged drug dealing and volume of people continued to visit his flat then further action would be taken and a closure order would be sought. The problems restarted after his release from hospital.

The police's evidence consisted of a number of written statements by complainants - all hearsay, as complainants were very fearful of being identified.  There was also an intelligence submission by the police and a police officer took the stand with regards to this.

Impact - what were the outcomes for the perpetrator, the victims and the wider community?

As a closure order was granted the perpetrator’s house was secured and therefore they were unable to return for 3 months.  

The victims/wider community were therefore given respite and peace of mind.  However, they have concerns regarding the return of the individual after the 3 months.

The agencies involved obviously realise closure is a temporary solution so are looking at other options, and having further meetings to discuss this in the future. They do not currently have enough evidence/corroboration for any drug charges. They are examining an ASBO but do not have a lot of ASB behaviour attributed to the Defender - more to do with the volumes and type of people visiting his house. If an ASBO could be successfully gained then the tenancy could be demoted and therefore possession would be easier to pursue.    

Are there any practices/experiences you have gained during this Intervention that would influence the handling of future Interventions?

The sheriff initially had some concerns about the authorisation of the closure notice and whether this was competent.  He had concerns regarding s.26(3)(a)(i) which deals with the senior police officer having reasonable grounds for believing that, 'at any time during the immediately preceding 3 months a person has engaged in ASB on the premises'.  A lot of the evidence being put forward was in regards to statements/intelligence etc before the preceding 3 months and there was nothing during the 5 weeks, the person was in hospital but they did have some issues/information regarding the 'immediately preceding 3 months' too.

Apparently after consideration the sheriff changed his mind and decided that the closure notice is a mechanism that gets circumstances into court and his role was to decide whether to grant the closure order.

More information about this type of intervention

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