Policing and Crime Bill

My Lords, again, the noble Baronesses—perhaps for the purposes of this series of debates I can join them together as heavenly twins—have raised some important questions. These injunctions are unusual for two reasons: first, they carry the possibility of imposing positive requirements rather than just restrictions, which is what I look at as normal injunctions and which we will discuss in a later group; and, secondly, there is the potential use of an injunction to protect someone from harm. The idea that a person’s activities can be restricted for their own safety is extremely unusual and not one that we should accept easily. In what circumstances will this occur? Will there have to be any indication that non-gang members might be hurt before an injunction is used for this purpose, or will one be imposed at the first indication that any incident is being planned? I am particularly concerned about the possibility that a respondent may fulfil the requirement in subsection (3)(b), which protects him from gang-related violence, but not subsection (3)(a), which prevents him from engaging in or encouraging or assisting gang-related violence. I note that subsection (4) provides that the injunction could be for either or both these purposes, but surely subsection (3)(b) almost encompasses subsection (3)(a), does it not? I can understand Ministers’ desire to prevent someone from taking an ongoing gang-related dispute to a public place, but that would surely be met by paragraph (a). I am less sympathetic to the idea that these injunctions will be used essentially to force someone to accept police protection, which is what I believe they really amount to. I hope that the Minister will give an explanation on that point.