Policing and Crime Bill

Amendment 148 seeks to insert a new clause into Part 4 which, if accepted, would require the courts to review an injunction at least once a year. I understand the point that is being made here. It is essential that we ensure that individuals whose movements we are seeking to restrict are afforded the necessary safeguards when it comes to defending their civil liberties and human rights. I believe that we have already provided a number of good safeguards within Part 4 and have sought to place these in the discretion of the court, which of course is best placed to tailor an injunction. First, in Clause 35, it is made clear that the court may order the applicant and the respondent to attend a review hearing. The Government have not sought to require the court to do so as they believe that in some circumstances a prohibition or requirement will need to be in place for a significant period and that reviewing the injunction at short periods may serve only to deplete resources. Secondly, Clause 41(2) makes it clear that a respondent is entitled to apply to the court for their injunction to be varied or discharged. The application can be made at any point after an injunction has been granted. This ensures that any change in circumstances can be brought to the court’s attention for its consideration. Finally, I should make clear that although it is not set out in these provisions, the respondent does have the right to appeal any decision to the Court of Appeal. This is provided for by the County Courts Act 1984 in respect of appeals from the county courts and by the Supreme Court Act 1981 in respect of appeals from the High Court. However, I understand the concerns of the noble Baroness and, having had time to reflect on the nature of the amendments, I am willing to accept that the additional legal certainty that such an amendment would afford would be beneficial. The Government will return at Report with amendments to the effect of a mandatory annual review. I therefore ask the noble Baroness to withdraw her amendment.