Policing and Crime Bill

My Lords, the noble Baroness has been kind in intervening with that question because it allows me to go to a specific case. We do have individuals who seem to be stupid enough to do this. The case is of a youngster who was shot in the leg in 2007. He went back to the same area and, luckily, threatened a PCSO, so he was able to be taken into custody and charged. Immediately, however, bail conditions restricting him from going to the place where he was likely to be shot at were removed and he went back there for the same thing to happen again. It seems inconceivable to us, but I am afraid that this is a specific example of someone who has done just that—gone back. You could say, "What an idiot. It serves him right if he’s shot", although I think that that is a bit of a hard line. But we know from bitter experience that a youngster going home from football, for instance, will pedal his bicycle between those committing violent behaviour and be killed. We should not put up with that, which is why we have drafted this provision. I know that such an example seems extraordinary—I find it amazing, too—but it is the case. Although we could say, "Well, if he wants to do harm to himself, good luck to him", I am afraid that more is involved and it is not right to allow him to do that. By preventing that individual from going into an area where he faces risk, the provision will have achieved its purpose in protecting the public and him. Furthermore, where intelligence suggests that a particular member of a gang of, say, 40 is at risk of retaliatory attack, it makes practical sense to go for that one member rather than the 40 who are likely to mount the attack. This provision also includes many positive elements such as mentoring, training and education. We are aware of the need to ensure adequate safeguards, so we will bear in mind the nature and requirement of the prohibition’s duration. There is a right to appeal and express provision has been made to allow applications for discharge or a variation of the injunction. That goes back to the point made by the noble Baroness, Lady Stern, about someone having his family around him. I therefore believe that the positive elements of a gang injunction regime are important in this aspect, too. I probably have another example, but I am afraid that there are people who behave in extraordinary ways. On that basis, I hope that the amendment will be withdrawn.