Policing and Crime Bill

My Lords, a number of amendments have been proposed to Part 4 on gang injunctions. Before I turn to them, I should like to thank noble Lords for the constructive debate that we had in Committee. I have, as promised, returned today with amendments on issues raised in Committee and I thank the noble Lord, Lord Skelmersdale, for his thanks for that. The noble Baroness, Lady Miller, has also tabled an amendment, to which we will return later, relating to a sunset-type clause on the gangs provisions in Part 4. This idea seems to me to have a great deal of merit and I intend to take it away and fully consider it. I agree in principle with the idea of some kind of formal review and will return with amendments to this effect at Third Reading. Amendments 67 and 68 relate to the use of injunctions for the protection of the respondent. We have to remember that it is not just the target gang members who fall victim to reprisal gang attacks; Letisha Shakespeare, Charlene Ellis and Rhys Jones are tragic examples that that is not the case. Where the police have intelligence of likely reprisal attacks, such as in Birmingham and Liverpool, with these injunctions they could restrict the movements of the likely target and manage the risk posed to the community. In Committee, I mentioned the case of someone who, amazingly, kept putting themselves in harm’s way. It is hard to understand why people do that, but they do. Protecting the individual on the injunction from gang-related violence also protects the community. Restricting the movements of a gang member who is a target for other gangs will protect innocent community members by preventing gang-related violence. I accept that injunctions will most likely be sought to prevent a gang member from engaging in gang-related violence. However, it is not always possible for it to work in this way, given the reality of gang conflict. I understand the nervousness about this, but we have to face the practicalities and realities. It may not be possible to identify all the likely offenders to the relevant standard of proof. In these situations, it is much quicker, more practical, safer and better for the community to remove the target than to remove the large group of potential offenders. Amendment 69 would require the police force or local authority applying for an injunction to show that the person against whom the injunction was sought had committed violence within a group which was formed for the purpose of criminal activity or which had engaged in criminal activity together. I consider it very unlikely that a gang would have a written constitution of its aims, which would probably be required for a court to be satisfied under paragraph (a) in the amendment. It would also be extremely difficult to prove that a group of people had got together for the specific purpose of committing criminal acts. It therefore seems to me that these amendments would render the provisions completely unworkable, as injunctions could not be obtained against the large majority of gang members whom we would wish to target. I understand that this is a tricky issue and that we have a responsibility to do everything possible to ensure that these provisions cannot be used against innocent individuals or groups. The Government take this responsibility extremely seriously and I can assure your Lordships that we have considered the matter at great length. As the legislation stands, I consider that this process will allow injunctions to be obtained only against the individuals whom we are targeting. I do not believe that ASBOs can be used in place of these provisions or that these provisions will be used in place of the criminal law. In addition, we remain committed to providing in guidance any further possible clarification on targeting the provisions. For these reasons, I ask that these amendments should not be pressed. I turn to the amendments proposed by the Government. We were initially resistant to placing a limit on the length of prohibitions or requirements that could be imposed by the courts, as we considered that the courts were best placed to decide on a case-by-case basis the appropriate length of time for an injunction and its prohibitions and requirements. However, having considered the weight of arguments made during our extremely productive debates in Committee, I propose government Amendments 70, 73 and 76, which have the effect of limiting injunctions to a maximum period of two years. These amendments will work in conjunction with the amendments that I am proposing that will introduce a mandatory annual review where an injunction lasts in excess of one year, to ensure that the respondent is afforded a greater degree of legal certainty when they are given an injunction. Amendments 71, 72 and 77 require the court to set an annual review hearing where prohibitions or requirements are in place for longer than that one year. I propose these amendments in response to concerns that restrictive prohibitions could conceivably have been placed on an individual for an indefinite period; that should not be the case. Again, that was well argued by noble Lords in Committee. They are made in conjunction with the amendments I propose that limit the injunctions to two years and provide a good reinforcement of Clause 41(2), which makes it clear that a respondent is entitled to apply to the court for their injunction to be varied or discharged. Amendment 78 proposes to insert a new subsection (2A) into Clause 47, which would require the Secretary of State to consult the Lord Chief Justice and any other relevant persons prior to the publication of guidance when it is issued or revised. As I made clear in our Committee debates, we very much agree with the principle that those with an interest in these matters should be consulted in the course of writing the guidance that is to be issued. Given some of the areas that the guidance is to address, we agree that it is particularly important for the Lord Chief Justice of England and Wales to be consulted, so that position is named in the amendment. I am grateful to noble Lords for convincing me of the case for these government amendments, and I commend them to the House.