Policing and Crime Bill

My Lords, I have put my name to this amendment, which arises out of the deliberations of the Joint Committee on Human Rights. As your Lordships probably know, the spectrum on that committee is wide, but unanimously we were unconvinced that the Government had made their case for these gang injunctions. For instance, we are concerned by the Government’s ongoing discussion as regards the case of Shafi in the Court of Appeal as to whether civil injunctions can be amended to apply to children and young people. The Court of Appeal in that case made clear that the authorities have ample powers to deal with this behaviour. Let us assume for the sake of argument that the courts have to have these powers. We would like to add a further two subconditions into the Bill. The amendment, with Amendments 130 and 131, increases the conditions that have to be met by the person or body bringing the injunction. Why do the Government need to resort to injunctions when there are criminal courts and ASBOs to deal with gang-related violence? They have been used in Birmingham to address anti-social behaviour, and the Minister told us—the JCHR—that this method had been a flexible and preventive tool which was able to provide immediate relief for a particular problem, without criminalising young people. The Minister also said that the criminal law would be used where it can be used. Therefore, we remain unconvinced that the use of injunctions is fair. Methods of controlling individuals that are outside the criminal process often avoid the appropriate standard of fairness. The Bill does not make it explicit that criminal proceedings are used whenever possible. Amendment 130 produces a third condition whereby the applicant should have demonstrated that the prosecution of the respondent for a criminal offence was considered but not proceeded with. We also add a fourth condition, which is that the respondent should be over 18. I hope that that adequately explains the view of the JCHR. I underline that it was arrived at unanimously without any form of division and, therefore, I beg to move.