Policing and Crime Bill

My Lords, I want to mention some small points that may need to be looked at. First, the local authority is a possible applicant for one of these injunctions. Its place in this is not clear to me. An authority that is not referred to is the CPS. It must be in the best position to know the situation with regard to a possible prosecution. On the whole, the local authority is not concerned with major prosecutions. Although it has statutory jurisdiction in relation to various things, it does not normally have a place in the prosecution of crimes such as those contemplated there. It may be that the experiments that have taken place in the jurisdictions to which the Minister referred introduced the idea of the local authority into this type of resource. My next point is also small, but it is quite important. It relates to the service of the order on the respondent. The provisions allow an application to be made without notice and require that if it is made without notice it has to be adjourned to a second stage. I have found no precise reference in the provisions to the need for service ultimately on the respondent. If, for example, there is a power of arrest, the respondent needs to know about it. I am sure that that is achieved in some way, and it may be that court rules that presently apply to injunctions generally apply to this one, in which case the point is dealt with. My third point, which again has been referred to but which is quite important, is the situation with regard to those under 18 and the enforcement of the orders. How is it proposed that the orders will be enforced against people under 18? There is nothing worse as a tool against gang violence than for a substantial number of those affected by it to be able to say, "Well you can make these orders, but you can’t do anything about them". That is one of the problems facing the courts in many situations in my experience. In family disputes, for example, it is often difficult to know what one can do to improve the situation. One can see how it can be made worse, but to make it better is not so easy. I see the difficulties involved. I mention those three points which, although not central, are points of detail on which it helps to focus. I regard this as a novel and important development. I am concerned about exactly how it will work and what needs to be done to make it work.