Clause 37 - Certain orders made on
Anti-social Behaviour Bill
10:15 am
Mr Bob Ainsworth (Parliamentary Under-Secretary, Home Office; Coventry North East, Labour)
The usual trick when someone pours on one the kind of praise that the hon. Gentleman has just poured on me is to sit quietly and accept it, but I am so suspicious of him that I shall not do that. I have absolutely no memory of the debate to which he referred and I am convinced that he is getting me mixed up with my right hon. Friend the Member for Southampton, Itchen (Mr. Denham). I make that point just in case there is a barb in what the hon. Gentleman says.
There is some uncertainty among magistrates courts regarding the evidence that can be presented in support of banning orders on conviction and orders on conviction for antisocial behaviour. The experience is that magistrates courts are not consistent in allowing additional evidence in the post-conviction civil phase of the proceedings. Amendments No. 65 and 66 would preserve that uncertainty and consequent inconsistency. The intention is to make it easier for the court to determine whether the offence for which the individual has been convicted is an isolated incident or part of a pattern of behaviour. The provisions will also make it easier for the court to determine whether the imposition of a preventive order will help prevent further incidents of antisocial behaviour or football hooliganism. The court needs to be satisfied of the preventive effect before it makes an order.
However, the evidence that may be relevant to that decision may not have been relevant to the incident that led to the criminal charge and may not have been admissible in those proceedings, such as video recordings of behaviour at football matches or hearsay evidence from professional witnesses, employees of a local authority or social workers. If the approach is to be consistent, we must make it clear to those responsible that once the criminal aspect of the hearing has been dealt with and the process has moved on to the application for the antisocial behaviour order, evidence such as video and hearsay evidence is in order to make a case. That is what the clause would do. However, I am afraid that the amendment would prevent us from doing that, which is why I must resist it.