UK Parliament / Open data

Anti-social Behaviour, Crime and Policing Bill

I am not quite sure what was in the Lords thoughts. Other examples were given—bellringers and so on—and nobody in this country would want, in any way, to limit the activities of bellringers. I fear that the Government’s honest attempt to deal with genuine antisocial behaviour has been misconstrued, either inadvertently or otherwise, but we are where we are. We have accepted the form of words—“harassment, alarm or distress”—which was wanted by their lordships.

The next set of amendments in this group relate to under-18s. Lords amendments 3, 4 and 12 enable an applicant for an injunction to apply to the youth court for permission to have cases involving respondents, who are both over and under 18 years of age, to be heard together in the youth court if it is in the interests of justice to do so. If the youth court does not grant the application, the hearings will be separated, with the adults in the county court and the under-18s in the youth court. By linking these hearings, we will help to put victims first.

Lords amendment 10 brings us to the prohibitions that can be included in an injunction where the respondent is under 18. As originally drafted, clause 12 meant that the injunction could be used to exclude a respondent of any age from his or her home in cases of violence or risk to others. However, in the Lords, concerns were expressed, by my Liberal Democrat colleague Baroness Hamwee, on whether it would ever be appropriate to exclude under-18s from their own home on the grounds of antisocial behaviour. Lords amendment 10 limits the exclusion provisions to injunctions where the respondent is over 18. Where it is in the best interests of the child to

be removed from the family home, there are sufficient powers in other safeguarding legislation to ensure that that is possible without the need to resort to an injunction.

Other amendments and provisions in this group relate to tenancy injunctions, the criminal behaviour order, dispersal powers, the public spaces protection order, the recovery of possession of dwelling houses and the issuing of statutory guidance. I will be very happy to pick up on any questions that Members have on any of those particular matters.

About this proceeding contribution

Reference

575 cc192-3 

Session

2013-14

Chamber / Committee

House of Commons chamber
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