My Lords, one of the issues that my noble friend Lord Ponsonby of Shulbrede raised is the apparent extent to which Clause 94 could be used to
keep cases that would justify court proceedings under the terms of the Bill out of the courts, where an individual has admitted to engaging in anti-social behaviour or committing an offence to a constable, investigating officer or a person authorised to issue additional cautions. Even where such a person thinks that the evidence is enough to seek an injunction under Section 1 or to take other court proceedings, they can still make a decision not to seek an injunction, not to take court proceedings, not to give a caution and not to give a fixed penalty notice. Instead, they can tell the offender to carry out any action listed in the community remedy document, including making a payment to the victim.
Since the Secretary of State is to issue guidance to local policing bodies on how they should discharge their functions in preparing or revising the community remedy document, can the Minister say what will be the maximum penalties that can be provided for in that document, including the maximum payment that can be ordered to be made to the victim? If an offence has been admitted, can the offender insist on being taken to court or receiving a caution or fixed penalty, rather than carrying out an action listed in the community remedy document?
Will a constable or investigating officer be able to act under Clause 94(3) if the offender has previously committed offences, or will it be only if the offender is not previously known? Will a record be kept and, if so, by whom, of any actions under Clause 94(3) that an individual who has committed anti-social behaviour or an offence has been told to take? Since the community remedy document is to apply not only to anti-social behaviour but to an individual who has committed an offence, what kind of offences will be deemed suitable to be dealt with under Clause 94?
My noble friend Lord Ponsonby spoke about the issue of scrutiny and the apparent inadequacy of the scrutiny that is likely to take place. Certainly, there do not seem to be watertight provisions in the Bill to ensure that such scrutiny takes place of the use of the powers under Clause 94.