I suffer from Autism and was diagnosed at the young age of three years old. Throughout my schooling I had a teaching assistant sit with me to ensure that I understood the task and also had a huge amount of difficulty with social interaction. The Police were well aware of my diagnosis having been made aware on a number of occasions.
Despite this following guilty pleas to two extremely minor offences on the 19th February 2016 I was made subject to a Criminal Behaviour Order for two years. One of these offences was sending a grossly offensive email to a Police officer, namely three pictures of himself defaced with toothbrush moustaches and another was a racially aggravated public order offence namely singing Deutschland Deutschland Uber Alles to a Police officer.
This order had the following terms:
- You must not film, record or photograph any member of the public, member of emergency services personnel or anyone else carrying out a professional role or emergency services buildings or premises.
- You must not attend any Police station in the county of Norfolk unless by prior appointment or have any contact with any member of Norfolk Constabulary Staff directly or indirectly unless inadvertent in the course of daily life or in case of genuine emergency.
- You must not access any Norfolk Constabulary affiliated website or social media account (including but not limited to the Norfolk Constabulary web page, Facebook,Twitter & Instagram) or that of their employees.
- You must not deface any pictures of Norfolk Constabulary Staff
- You must not distribute any pictures, videos or recordings obtained of any of the above including, but not limited to, via email, posting on social media, instant messaging or upload to YouTube except to remove existing defamatory images under your control as appointed and supervised by a police officer (namely Sgt Heath)
On the 1st April 2016 following an appeal against the CBO, the order was varied to simplify it by Judge Mark Dennis at Norwich Crown Court. The new order prohibited me from audio recording, video recording or photographing any member of the Police, Fire or Ambulance Services based in the county of Norfolk without the person’s express permission, accessing any Norfolk Constabulary affiliated website or social media account (including but not limited to the Norfolk Constabulary web page, Facebook,Twitter & Instagram) or that of their employees, being in possession of any pictures of Norfolk Constabulary Staff or any member of the Police service based in the county of Norfolk or distributing any pictures, videos or recordings obtained of any member of the Police, Fire or Ambulance Services based in the county of Norfolk.
On the 30th November 2016, despite objections from the CPS the order was discharged by Recorder Wilson at Norwich Crown Court. This was not on the grounds that the behaviour complained of was not sufficient to warrant making a CBO but that it did not meet the test of helping to prevent anti-social behaviour.
Despite having been made aware once again of my diagnosis and provided with a psychiatric report written by a psychiatrist, the CPS have served me with a proposed CBO application on behalf of Norfolk Constabulary PCSO 8548 Bethany SLAUGHTER from the Norwich Operational Partnership Team. This proposal suggests the following:
- You must not contact any member of Norfolk Constabulary staff by any means (including filming, approaching or sending emails to) except in the case of a genuine emergency.
- You must not record any member of Norfolk Constabulary staff, building or premises.