Violent Crime Reduction Bill

The overall effects of Amendments Nos. 109 to 113 would be to recast the direction-making power so a direction to leave could only be given if an individual ““will”” contribute to alcohol-related crime or disorder. In effect, the crime or disorder would have to be imminent before a direction could be given. I give an example of where a direction to leave might be appropriate. I am sure that we have all seen factual television programmes on alcohol-related crime, or perhaps been unfortunate enough when out late at night to witness the sort of problems on our streets that this measure attempts to deal with. In some situations, it simply starts where an individual or individuals in a group in a public place start to use threatening language and abusive behaviour against each other. Noble Lords will be aware of the form of behaviour that tends to be exhibited, and of the risk that such behaviour can contribute to crime and disorder. While it may be the case that no criminal activity has necessarily taken place between the individuals or groups, the likelihood is that this behaviour will cause or contribute to the occurrence or continuance of alcohol-related crime or disorder. That is a clear example of where a direction to leave for the individual or individuals may be necessary for the purpose of removing or reducing the likelihood of any crime or disorder that might develop. The aim of a direction to leave is therefore to minimise the likelihood of alcohol-related crime and disorder arising or taking place. We have already included an explicit necessity test so that a direction to leave should be given only if it is necessary to prevent crime and disorder. The power to give a direction to leave is therefore about prevention and early intervention to help to prevent more serious problems from arising as the situation unfolds. The direction will enable the police to deal immediately with a situation rather than have to apply to the court to sanction them to give a direction, which would cause unnecessary delay and might mean that the situation developed in a way that was unfortunate and damaging, perhaps leading to violence and disorder in the streets. I am sure that noble Lords will know from the feedback from the alcohol misuse enforcement campaigns that early intervention can help to reduce the likelihood of alcohol-related crime and disorder taking place. The direction to leave must be given in writing by the police and may require the individual to leave the locality either immediately or by such time as the police may specify. We have set out provisions in the Bill to ensure that such directions may not be given where they would prevent an individual from accessing places where there is a genuine need for that individual to be. A direction to leave can also be withdrawn or varied by any constable. The amendment would not enable this power to be used effectively, as it would in effect end the early intervention that a direction to leave would give rise to. The noble Lord said that there was no right of appeal against a direction to leave. It is right that there is no route of appeal, but if someone is prosecuted as a result of returning to a locality having been directed to leave it and not return within a particular period, that individual will have the opportunity in his defence to challenge whether the direction was properly made. As I have explained, a direction can be varied or withdrawn by any constable. I suppose that it would be possible for a judicial review of the proceedings to be mounted, but what we are trying to do with directions to leave is to provide the police with a practical tool that ensures that effective action can be taken on the streets to nip in the bud and close down any potential for disorder related to alcohol. I heard what the noble Lord had to say on the issue. I plainly disagree with the thrust of his amendment, which we have to reject. If it were to be passed, it would seriously hamper the effectiveness of a piece of legislation that we believe has practical value and merit.