Police and Justice Bill

moved Amendment No. 138A: Page 23, line 39, at end insert ““on bail”” The noble Baroness said: In speaking to Amendment No. 138A, I shall also speak to Amendments Nos. 138B to 138G, which are grouped together. Amendments Nos. 138A to 138C deal with Clause 25(6): "““Where a person is arrested under subsection (4)—""(a) he shall be brought before the court within the period of 24 hours beginning at the time of his arrest, and""(b) if the matter is not then disposed of forthwith, the court may remand him””." The remainder of the amendments affect Schedule 8. These amendments look at the possible blurring of the line between civil and criminal law which could increase the use of custody inappropriately. Our amendments would remove the court’s power to remand a person in custody if they were arrested for a breach of an anti-social behaviour injunction. The court’s power to remand a person on bail where he had breached such an ASBI would not be restricted. If violence was involved, the conduct ought to be classified as a criminal offence. However, our prisons are bulging, more so now that more than 6,000 ASBOs have been issued and, according to the Howard League for Penal Reform, 40 per cent of them are breached. There are cost implications to legislation that may draw more people into custody. As the Howard League points out, there are risks of overcrowding in local prisons and of an over-harsh remedy for people who would otherwise not be taken into custody at any stage. That seems to undermine the whole value of such alternative means of implementing criminal justice and tackling anti-social behaviour as anti-social behaviour orders, parenting contracts and the like. I beg to move.