On the point made by the noble Lord, Lord Skelmersdale, we will get on to timing in Amendments 141 and 141A. Rather than go into the detail of timing now, I shall leave it until we reach those amendments.
The noble and learned Lord, Lord Mackay, made some very valid points. As so often is the case, the devil is in the detail. I understand that the police will be talking to the CPS. If it can be prosecuted criminally, that is what should be done. They will find out that it cannot be done, but it will be for the local authority to use the same techniques as were used in the Birmingham example. We need to explain that detail a little more clearly and we will have to write to those who have been involved in this debate with some more detail on these aspects. The same is true in terms of serving an order on these people. I understand that the court rules apply, but we need to clarify that and ensure that people are aware of it.
The under-18s are extremely difficult. As I mentioned, we are negotiating with MoJ and DCSF on this issue. There is a specific example against which action can be taken but it is a narrow one. It is a problem area and I would be wrong to pretend that it is not difficult. We have to try to tackle it because so many of those involved are in that age bracket. Again, I will touch on this.
Policing and Crime Bill
Proceeding contribution from
Lord West of Spithead
(Labour)
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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Reference
713 c203 
Session
2008-09
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