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A 29-year-old Whaley Thorns woman has been given a three year Criminal Behaviour Order for persistent anti-social behaviour.

Tanya Downes, of Church Street, Whaley Thorns, has been at the centre of numerous complaints of anti-social behaviour in the area over recent years. Tanya Downes

Downes appeared at North East Derbyshire and Dales Magistrates’ Court on Monday 11 February and was made the subject of a three-year Criminal Behaviour Order and if breached, Downes could be committed to prison for up to 5 years.

Together with the Police, we have served a Community Protection Notice on Downes which required her to comply with certain prohibitions which included not to enter certain areas within Whaley Thorns.

Downes breached the Notice, which resulted in us prosecuting her. Downes pleaded guilty to the offence and the court told her, “You have pleaded guilty to offences we can only deal with by way of a fine up to level 4 and we will fine you level 3 taking into account your relevant weekly income we will fine you £120, it would have been £180 if you had not pleaded guilty. The local authority have properly brought these proceedings therefore you will be ordered to pay £520 being their investigation and legal costs, a VSC of £30 being a total of £675 which will be consolidated”.

The Council also made an application for a Criminal Behaviour Order with the support from the Police and other partner agencies and an interim Order was made by the Court stating “Having heard representations and having been referred to the bundle the reality is that you have been in a prohibited area. You have been causing a nuisance and engaged in anti-social behaviour, using language which is offensive and has been audible to others in front of children. The Local Authority has tried to use a Community Protection Notice by moving you along. It is just and proportionate that an interim CBO is made to help prevent you engaging in further behaviour.”

She was warned about the consequences of failing to comply.

Cabinet Member for Community Safety, Councillor Hilary Gilmour said, “We know there have been a lot of problems in the village and this Order will hopefully put a stop to them now. We have been working very closely with our partners to resolve the issues and problems that have been taking place and we are delighted this work has finally paid off.”

The full application was adjourned to the 11 February 2019.

The Court was satisfied that the Criminal Behaviour order was necessary having found that Downes had caused anti social behaviour. The order, which will last until February 10, 2022, will restrict her movements in three areas.

Downes must not:

  1. Act in a manner that causes or is likely to cause alarm harassment or distress to others within the area edged red on the map marked C.
  2. Be in a public place with 2 or more persons in a manner causing or likely to cause any person to fear for their safety or which causes or is likely to cause alarm, harassment or distress within the area edged red on the map marked C.
  3. Encourage others, including juveniles to engage in conduct that is likely to cause or will cause alarm, harassment or distress to others engaged in a lawful activity within the area edged red on the map marked C.
  4. Enter Area 1 as defined on the attached map marked A and B and highlighted in red save for when clause 5 applies.
  5. Enter Areas 1, 2 or 3 as defined on the attached map marked A and highlighted in red, orange and purple unless the following applies:

.
Downes had already been provided with support and advice – as well as informal steps taken to stop her behaviour from impacting on the local community but complaints, mostly anonymous due to fear of reprisals continued. The Council working with the police, took the most robust action based on the evidence provided by the community and other partner agencies.

PC Amanda Burden, said: “Anti-social behaviour is something that the police and our partners take seriously.

“In most instances conversations with those causing problems are generally enough to stop issues escalating. If this does not work then further legal action will be taken against those involved.

“Tanya Downes has caused numerous, serious issues over an extended period of time. Officers, council officials, partner agencies and members of the public have provided numerous examples of behaviour that is just not acceptable.”

If you witness Tanya Downes breaching the order in any of the ways detailed above – please call Derbyshire police on the 101 non-emergency number with the time and a description of the behaviour.

 

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