Policing and Crime Bill

For reasons that I shall explain again when we come to the debate on Clause 33, I do not agree with the proposed amendment. Evidence needs to be considered to the civil standard for a number of reasons, not least that this is a civil tool throughout, with civil procedures and civil penalties for breach. It is not like an ASBO, to which the noble Baroness, Lady Miller, referred, as ASBOs have a criminal penalty, which these do not. We carefully considered the case of McCann and the subsequent House of Lords case re B, in which it was clarified that there is only one civil standard of proof. Since it is not a criminal offence to breach an injunction, the Government are content that the situation is distinguished from that of ASBOs. If an injunction is breached, it is contempt of court and the penalties are either a fine or imprisonment for up to two years. In the event of imprisonment, the individual does not receive a criminal record, so it is very different. In addition, with a civil standard, to which the noble Lord, Lord Skelmersdale, referred, hearsay evidence can be given by the police or a local authority so that witnesses can recall their accounts to officers or officials, who can present them in court. Again, if the standard were elevated, much of the evidence would be provided by terrified individuals, which is what one gets. It is difficult for us to realise sometimes how vulnerable those on some of these estates and roads feel, especially when they live close to and right up alongside these people who threaten them daily. They can be easily got at. One does not get that sort of information. It could be lost, leaving gang members to continue their violent ways with no intervention. I reinforce the fact that the Government are firmly in favour of prosecuting offences where the evidence is sufficient and the public interest is such to support a prosecution under the criminal law, but we are talking about a violent gang culture in some difficult and deprived areas of this country that can lead to loss of lives. This tool enables us to protect communities through the effective prevention of serious crime by stopping someone going to a certain street. A previous speaker said that we should not be able to do that easily, but if the police know that someone is a gang member who has been involved in gang violence but have been unable to prove it, preventing that person from going to a street where he will make a revenge attack is sensible. Not least, it will stop him getting into more trouble, it will stop the chap he is trying to get at from getting shot and it might stop somebody who is in between the two of them from getting shot as well. It allows us to engage these individuals and, we hope, persuade them to change their behaviour. The civil standard of proof is intrinsic to this approach for the reasons that I have outlined and I ask that Amendment 127 be withdrawn.