The perennial problem with this type of order is that you create a personal criminal code for an individual. You say, ““You can't go into this street. You can't go into that park. You can't meet with X”” based on hearsay evidence and civil procedure. If he does go into the road or the pub or meet with someone else, then under these provisions it is a crime, just as it would be if he breached a condition of an ASBO. You are acting punitively. You are imposing criminal sanctions on a person for a breach of something that is not a crime for anyone else in the population. That is the problem. There is a real flaw in these orders.
Criminal Justice and Immigration Bill
Proceeding contribution from
Lord Thomas of Gresford
(Liberal Democrat)
in the House of Lords on Wednesday, 5 March 2008.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Criminal Justice and Immigration Bill.
Type
Proceeding contribution
Reference
699 c1171 
Session
2007-08
Chamber / Committee
House of Lords chamber
Subjects
Librarians' tools
Timestamp
2023-12-16 02:02:27 +0000
URI
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