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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.
Letter dated 19/12/2018 from Baroness Manzoor to Lord Paddick regarding issues raised during the debate on the Anti-social Behaviour, Crime and Policing Act 2014 (Amendment) Order 2018: the effectiveness of civil injunctions. 2p.
Letter dated 19/12/2018 from Baroness Manzoor to Lord Paddick regarding issues raised during the debate on the Anti-social Behaviour, Crime and Policing Act 2014 (Amendment) Order 2018: the effectiveness of civil injunctions. 2p.
Motion to consider. Agreed to on question.
Motion to consider. Agreed to on question.
My Lords, the order before the Committee today amends Schedule 1 to the LASPO Act 2012 to maintain the status quo regarding the provision of legal aid for proceedings involving gang injunctions in respect of under-18s and to reflect the expansion of advocacy in special educational needs matters. It also...
My Lords, the order before the Committee today amends Schedule 1 to the LASPO Act 2012 to maintain the status quo regarding the provision of legal aid for proceedings involving gang injunctions in respect of under-18s and to reflect the expansion of advocacy in special educational needs matters. It also...
My Lords, I thank the Minister for moving and explaining the order. It is always rather worrying when one reads in a background note that, as became apparent in the words the Minister used today, an order that had gone through Parliament was defective. It is hard to know whether...
My Lords, I thank the Minister for moving and explaining the order. It is always rather worrying when one reads in a background note that, as became apparent in the words the Minister used today, an order that had gone through Parliament was defective. It is hard to know whether...
I am grateful to the noble Baroness for her comments on this. Clearly, I do not accept all that she says about the LASPO Act, which, in the Government’s view, was a necessary correction to
reflect the amount of money that was being spent on legal aid. Some difficult choices...
I am grateful to the noble Baroness for her comments on this. Clearly, I do not accept all that she says about the LASPO Act, which, in the Government’s view, was a necessary correction to
reflect the amount of money that was being spent on legal aid. Some difficult choices...
Lords motion to consider. Agreed to on question.
Lords motion to consider. Agreed to on question.
Moved by
Baroness Meacher
32: Before Clause 47, insert the following new Clause—
“Dissuasion Panels to prevent gang-related violence and drug-dealing activity
(1) A police officer may refer a person aged 14 or over to a Dissuasion Panel under this section if the following two conditions are met.
(2) The first condition is that the...
Moved by
Baroness Meacher
32: Before Clause 47, insert the following new Clause—
“Dissuasion Panels to prevent gang-related violence and drug-dealing activity
(1) A police officer may refer a person aged 14 or over to a Dissuasion Panel under this section if the following two conditions are met.
(2) The first condition is that the...
My Lords, before the Committee approves Clause 47, I suggest that we think very carefully about its construction and its drafting. Broadening out our consideration from the specific issues of drugs on which we were focused while examining the last group of amendments, we should look at some wider issues...
My Lords, before the Committee approves Clause 47, I suggest that we think very carefully about its construction and its drafting. Broadening out our consideration from the specific issues of drugs on which we were focused while examining the last group of amendments, we should look at some wider issues...
My Lords, Section 47 of the Policing and Crime Act 2009—PACA, as my noble friend referred to it a few minutes ago—provides that the Secretary of State must issue guidance relating to gang-related violence injunctions. Under Section 47, the Secretary of State must, before issuing or revising guidance, consult the...
My Lords, Section 47 of the Policing and Crime Act 2009—PACA, as my noble friend referred to it a few minutes ago—provides that the Secretary of State must issue guidance relating to gang-related violence injunctions. Under Section 47, the Secretary of State must, before issuing or revising guidance, consult the...
Motion to consider agreed to on question.
Motion to consider agreed to on question.
Lords motion to consider agreed to on question.
Lords motion to consider agreed to on question.
My Lords, the order before us today amends Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act to allow for advocacy in a youth court to be funded by civil legal aid for under-18s in respect of injunctions to prevent gang-related violence. The purpose of this draft...
My Lords, the order before us today amends Schedule 1 to the Legal Aid, Sentencing and Punishment of Offenders Act to allow for advocacy in a youth court to be funded by civil legal aid for under-18s in respect of injunctions to prevent gang-related violence. The purpose of this draft...
My Lords, as the noble Lord, Lord Faulks, has outlined, Schedule 1 to the LASPO Act sets out the scope of the civil legal aid scheme. It is well documented that the Labour Party, along with many other organisations, opposed what the Government did in respect of civil legal aid...
My Lords, as the noble Lord, Lord Faulks, has outlined, Schedule 1 to the LASPO Act sets out the scope of the civil legal aid scheme. It is well documented that the Labour Party, along with many other organisations, opposed what the Government did in respect of civil legal aid...
I am grateful to the noble Lord for his comments. Although it is perfectly true that the party opposite has been opposed to legal aid changes, it does not oppose this order because it does not change the eligibility of legal aid but is concerned only with the venue of...
I am grateful to the noble Lord for his comments. Although it is perfectly true that the party opposite has been opposed to legal aid changes, it does not oppose this order because it does not change the eligibility of legal aid but is concerned only with the venue of...
My Lords, in Committee, my noble friend Lady Hamwee questioned whether it was appropriate for under-18s to be excluded from their own homes on the grounds of anti-social behaviour. After further consideration, I am content to make a change that ensures that only adults can be excluded from their home...
My Lords, in Committee, my noble friend Lady Hamwee questioned whether it was appropriate for under-18s to be excluded from their own homes on the grounds of anti-social behaviour. After further consideration, I am content to make a change that ensures that only adults can be excluded from their home...
My Lords, I will speak also to the other amendments in my name in this group. Amendments 12 and 13 to Schedule 2, and Amendments 34 and 35 to Clause 37, seek to remove imprisonment as a sanction for children breaching their IPNAs or failing to comply with police dispersal...
My Lords, I will speak also to the other amendments in my name in this group. Amendments 12 and 13 to Schedule 2, and Amendments 34 and 35 to Clause 37, seek to remove imprisonment as a sanction for children breaching their IPNAs or failing to comply with police dispersal...
My Lords, I will also speak to Amendment 21G. The first of these amendments takes us to Clause 12, which is the clause giving power to exclude a person from his home in the case of violence or the risk of harm. This power can be included in an IPNA—in...
My Lords, I will also speak to Amendment 21G. The first of these amendments takes us to Clause 12, which is the clause giving power to exclude a person from his home in the case of violence or the risk of harm. This power can be included in an IPNA—in...
We acknowledge that there was broad support for the requirement that the youth offending team be consulted before an injunction under Clause 1 is sought against somebody under 18. However, there appears to be no timescale for the consultation with youth offending teams, and as a result there could be—not...
We acknowledge that there was broad support for the requirement that the youth offending team be consulted before an injunction under Clause 1 is sought against somebody under 18. However, there appears to be no timescale for the consultation with youth offending teams, and as a result there could be—not...