I quite see what the Government are trying to do here, but they must realise that it is not very easy. I will ask two questions. First, is there any practical distinction when it comes to decisions by the Crown Prosecution Service between evidence that is sufficient to satisfy a civil standard of proof and that which will satisfy a criminal standard of proof? That may seem an obvious distinction in theory, but in practice one must consider the evidence that one has, and whether the evidence that you will use for your injunction is not sufficient to bring a criminal case. The question highlights something that is more of a practical problem than has been realised.
My second point is that many gang members are under 18. When the issue was highlighted in the news in London a few months ago, almost all the gang members seemed to be under 18 and without means of support. They were not earning any money. So you cannot fine them, as the Minister and other noble Lords correctly said—but what are you going to do with them if you cannot fine them? If you cannot send them to a young offender institution either, what weapons does the court have to make the injunction effective? It is one of the great principles of injunctive relief that the court will do nothing in vain, partly because it brings justice into disrepute. I put these questions because I entirely see what the Government are trying to achieve; but before we come back to this on Report, and perhaps briefly this afternoon, will the Minister enlighten us on those two points?
Policing and Crime Bill
Proceeding contribution from
Lord Lyell of Markyate
(Conservative)
in the House of Lords on Tuesday, 13 October 2009.
It occurred during Committee of the Whole House (HL)
and
Debate on bills on Policing and Crime Bill.
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Proceeding contribution
Reference
713 c167 
Session
2008-09
Chamber / Committee
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