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To ask the Secretary of State for Justice, whether the Government has considered establishing periodic review procedures for High Court injunctions granting lifelong anonymity to offenders convicted of serious crimes committed as juveniles.
To ask the Secretary of State for Justice, whether the Government has considered establishing periodic review procedures for High Court injunctions granting lifelong anonymity to offenders convicted of serious crimes committed as juveniles.
The High Court has been clear that the making of an injunction to grant lifelong anonymity to protect the identity of a now adult person convicted of a serious offence as a child, should be exceptional. In practice, such injunctions are made very rarely.
The court will consider whether there is a real and immediate risk of serious physical harm or death or if the offender’s rights under the European Convention on Human Rights justify making the injunction as a necessary and proportionate step. In doing so the court will balance these factors against the right of the media and others to freedom of expression.
An application can be made to the High Court to end an injunction. To be successful, it must be demonstrated that the conditions justifying the making of the injunction are no longer in place.
This Government has no current plans to establish periodic review procedures for these injunctions.
Lords report stage first day. Amendment 1 disagreed to on division (86 to 178). Amendment 4 agreed to. Amendment 7 agreed to on division (205 to 188). Amendment 11 agreed to. Amendment 13 agreed to on division (213 to 150). Amendments 15 to 17 agreed to. Amendment 18 disagreed to on division (59 to 152). Amendments 19 to 21, 25 and 26 agreed to. Amendment 27 agreed to on division (172 to 148). (Part 1 of 2).
Lords report stage first day. Amendment 1 disagreed to on division (86 to 178). Amendment 4 agreed to. Amendment 7 agreed to on division (205 to 188). Amendment 11 agreed to. Amendment 13 agreed to on division (213 to 150). Amendments 15 to 17 agreed to. Amendment 18 disagreed to...
Moved by
Baroness Doocey
1: Clause 1, page 2, line 4, leave out “just and convenient” and insert “necessary and proportionate”
Member’s explanatory statement
This amendment amends the test for imposing a respect order to require the court to be satisfied that it is necessary and proportionate to make the order for the purpose...
Moved by
Baroness Doocey
1: Clause 1, page 2, line 4, leave out “just and convenient” and insert “necessary and proportionate”
Member’s explanatory statement
This amendment amends the test for imposing a respect order to require the court to be satisfied that it is necessary and proportionate to make the order for the purpose...
My Lords, I apologise to the House; I was not ready, but it is worth waiting for. This amendment would change the legal test for imposing a respect order, requiring the court to consider this step “necessary and proportionate”, and not merely “just and convenient”, in preventing a person engaging...
My Lords, I apologise to the House; I was not ready, but it is worth waiting for. This amendment would change the legal test for imposing a respect order, requiring the court to consider this step “necessary and proportionate”, and not merely “just and convenient”, in preventing a person engaging...
My Lords, I agree with everything said by the noble Baroness, Lady Doocey. As I understand the Government’s position, they accept that it would not be appropriate to impose such an order unless it is necessary and proportionate, and indeed that is the test applied by the European Convention on...
My Lords, I agree with everything said by the noble Baroness, Lady Doocey. As I understand the Government’s position, they accept that it would not be appropriate to impose such an order unless it is necessary and proportionate, and indeed that is the test applied by the European Convention on...
My Lords, there is a lot in this group. The Government are undoubtedly sincere in wanting to use the Bill to further tackle anti-social behaviour, and such moves to take on this blight on communities will certainly be popular. However, we have to pause a moment and say that there...
My Lords, there is a lot in this group. The Government are undoubtedly sincere in wanting to use the Bill to further tackle anti-social behaviour, and such moves to take on this blight on communities will certainly be popular. However, we have to pause a moment and say that there...
My Lords, I shall speak to the amendment tabled in my name. As noble Lords know, I am terrible with the billion rules that we have in this place, so bear with me. This amendment would make a small change that would make a big difference to many residents around...
My Lords, I shall speak to the amendment tabled in my name. As noble Lords know, I am terrible with the billion rules that we have in this place, so bear with me. This amendment would make a small change that would make a big difference to many residents around...
My Lords, I shall speak to the amendments in my noble friend Lady Doocey’s name and mine, which seek to ensure that the Government’s new anti-social behaviour powers are grounded in evidence, proportionality and democratic accountability, as well as to other amendments in this group.
On these Benches, we do not...
My Lords, I shall speak to the amendments in my noble friend Lady Doocey’s name and mine, which seek to ensure that the Government’s new anti-social behaviour powers are grounded in evidence, proportionality and democratic accountability, as well as to other amendments in this group.
On these Benches, we do not...
My Lords, it will come as no surprise to the Minister that these Benches maintain our opposition to the Government’s respect orders. We have heard, in Committee and today, many concerns about the new regime. Our concerns are slightly different from some of those expressed by other noble Lords, in...
My Lords, it will come as no surprise to the Minister that these Benches maintain our opposition to the Government’s respect orders. We have heard, in Committee and today, many concerns about the new regime. Our concerns are slightly different from some of those expressed by other noble Lords, in...
It is good to be back, is it not? It feels like we have been away for ages and now here we are again, back for another session of interesting amendments to the Crime and Policing Bill. I am grateful to all noble Lords for tabling them.
As the noble Lord,...
It is good to be back, is it not? It feels like we have been away for ages and now here we are again, back for another session of interesting amendments to the Crime and Policing Bill. I am grateful to all noble Lords for tabling them.
As the noble Lord,...
Would the Minister accept that it is very difficult ever to think of circumstances in which it would be appropriate for a court to impose a respect order, with all the implications that has for an individual, unless the court is satisfied that it is necessary and proportionate?
Would the Minister accept that it is very difficult ever to think of circumstances in which it would be appropriate for a court to impose a respect order, with all the implications that has for an individual, unless the court is satisfied that it is necessary and proportionate?
The noble Lord has made his point. I am trying to give the defence from the Government’s perspective. That is our view. He has made a reasonable point, but that is our view and I hope he accepts our comments on those issues in good faith.
On Amendment 2, I hope...
The noble Lord has made his point. I am trying to give the defence from the Government’s perspective. That is our view. He has made a reasonable point, but that is our view and I hope he accepts our comments on those issues in good faith.
On Amendment 2, I hope...
I rise just to clarify and to help the Minister. I would not want in any way to stop the Government implementing their manifesto promises. The aim of the review was not to stop respect orders; it was to suggest that the anti-social behaviour on the statute book was reviewed...
I rise just to clarify and to help the Minister. I would not want in any way to stop the Government implementing their manifesto promises. The aim of the review was not to stop respect orders; it was to suggest that the anti-social behaviour on the statute book was reviewed...
I am always grateful for the noble Baroness’s help on these matters. It is as rare as hen’s teeth normally, but I am always grateful. I still say to her that the implementation of respect orders is crucial to ensuring that we tackle anti-social behaviour effectively. I put it to...
I am always grateful for the noble Baroness’s help on these matters. It is as rare as hen’s teeth normally, but I am always grateful. I still say to her that the implementation of respect orders is crucial to ensuring that we tackle anti-social behaviour effectively. I put it to...
I am sorry to interrupt the Minister. Nobody doubts or questions that addressing anti-social behaviour is a manifesto commitment; that is taken as read. However, if it is a manifesto commitment, it must be put in words that clearly describe what the Government are trying to say. I find it...
I am sorry to interrupt the Minister. Nobody doubts or questions that addressing anti-social behaviour is a manifesto commitment; that is taken as read. However, if it is a manifesto commitment, it must be put in words that clearly describe what the Government are trying to say. I find it...
As ever, I am genuinely sorry that I have not been able to persuade the noble and right reverend Lord of the Government’s case. We have taken the view that “just and convenient” mirrors the civil injunction regime of the 2014 Act, passed by a Conservative and Liberal Democrat Government....
As ever, I am genuinely sorry that I have not been able to persuade the noble and right reverend Lord of the Government’s case. We have taken the view that “just and convenient” mirrors the civil injunction regime of the 2014 Act, passed by a Conservative and Liberal Democrat Government....
I am afraid that I remain unpersuaded. The Minister keeps mentioning the manifesto commitment, but the manifesto makes no mention of the liability threshold for a respect order, so it is surely perfectly legitimate to question the basis on which the respect order the Government are introducing is based.
I am afraid that I remain unpersuaded. The Minister keeps mentioning the manifesto commitment, but the manifesto makes no mention of the liability threshold for a respect order, so it is surely perfectly legitimate to question the basis on which the respect order the Government are introducing is based.
The basis on which the respect order is introduced, and the phraseology used, is the phraseology his and His Majesty’s Opposition’s Government put in place for previous orders. I am not changing the wording of anything that, presumably, at some point in 2014 he and other Liberal Democrat Peers walked...
The basis on which the respect order is introduced, and the phraseology used, is the phraseology his and His Majesty’s Opposition’s Government put in place for previous orders. I am not changing the wording of anything that, presumably, at some point in 2014 he and other Liberal Democrat Peers walked...