Policing and Crime Bill

My Lords, Amendments 126, 130 and 131 seek to add to the conditions which must be met before a court can grant an injunction against an individual involved in gang-related violence. Amendment 130 would require the applicant for an injunction to demonstrate that a criminal prosecution for the offences had been considered but not proceeded with, but I can assure noble Lords that these injunctions will not normally be sought against individuals where the evidence was such that the criminal justice system was already engaged or could properly be engaged. That is clearly always our preferred action. The amendment presumes that an identifiable criminal offence has been committed, which is capable of being investigated without delay and a charging decision made within a very short space of time. In reality, criminal investigations into gang activity are extremely complex and adding this extra condition would take a considerable period in cases where immediate action is needed—indeed, the police agree with this. This time lapse naturally carries an ongoing risk to the public in the interim. The ability to obtain immediate injunctive relief is essential, given the very real risk that gang offenders pose to the community. The guidance issued on these injunctions will make it clear that, where appropriate, the criminal justice system should be used. That is the prime option. It is also worth noting that an injunction can provide the interim relief while a criminal investigation, resulting, one hopes, in a successful prosecution, proceeds. These injunctions can create the breathing space for the police to gather the evidence and for the CPS to make a charging decision while protecting the public from the individuals perpetrating the gang-related violence blighting their community. The need to be able to respond immediately can be illustrated by a hypothetical example of an individual from a particular gang who has been shot at and seriously injured. A full criminal investigation is launched and community mediation services are deployed. The police receive credible intelligence warning them that specific members of the opposing gang are planning a reprisal shooting. The gang members identified are well known to the police, and there is previous evidence of gang membership and their links to gang violence. To try to prevent a reprisal shooting and to give breathing space for the criminal investigation and for community intervention and mediation, the police could apply for a without-notice injunction to prevent those thought to be planning the reprisal shooting visiting certain areas or associating with each other. I hope this hypothetical and practical example, and the reasons I have given, satisfy the Committee as to why that course of action is needed. Amendment 131 seeks expressly to exclude persons under 18 from the gangs injunctions regime. For a court to grant an injunction, it must be enforceable. These injunctions are enforceable only by bringing proceedings for contempt of court. Should a civil contempt of court be proved, a court can impose a sentence of a fine and/or up to two years’ imprisonment. A court can hand down a fine only when the individual has a legitimate source of income. Most gang members do not have a legitimate source of income. However, where the person in question is over 18, the court can impose a custodial sentence for breach. In contrast, where the individual is under 18, the court cannot sentence him to detention in a young offender institution for breach of a civil gang injunction. For these reasons, it is highly unlikely that a gang injunction will be imposed by a court on an individual who is under 18. However, the Government acknowledge that there may be circumstances in which a gang injunction is a reasonable tool to be used against an under-18. Where a gang injunction is appropriate and enforceable, it must remain an option as a tool for reducing the harm caused by gang-related violence. It is appropriate at this point to make it clear that we remain committed to considering whether a new tool is necessary to prevent gang-related violence resulting from the involvement of under-18s in gangs. We are in discussions with the MoJ and DCSF on that. All proposals will be carefully scrutinised to ensure that they are necessary and proportionate in their effect, while ensuring that the safeguarding of children remains a priority. On that basis, I request that Amendment 126 be withdrawn.