Clause 20 - Injunctions in local authority proceedings: power of arrest and remand
Police and Justice Bill
3:00 pm
Martin Horwood (Shadow Minister (Environment), Environment, Food & Rural Affairs; Cheltenham, Liberal Democrat)
The amendments address what we see as the possible blurring of the line between civil and criminal law, and the risk of increasing the use of custody when it may not be appropriate. The amendments would remove the court’s power to remand a person in custody if they were arrested for breach of an anti-social behaviour injunction. The amendments would not restrict the court’s power to remand a person on bail where they had breached such an ASBI.
The explanatory notes state that
“the court may attach a power of arrest to the injunction in certain cases, namely where the conduct in question consists of or includes the use of violence, or there is a significant risk of harm. That means that a person who is suspected of breaching the conditions in the injunction can be arrested.”
I am a little surprised by that, because surely if violence is involved, the conduct ought to be classified as a criminal offence. I should be grateful if the Minister could expand on that.
The Howard League for Penal Reform has pointed out the risks of the clause sucking larger numbers of people into custody who otherwise would not be there. Their comment say that:
“More than 6,000 ASBOs have been issued and over 40 per cent. are breached.”
They continue:
“To give the courts the power to remand in custody pending a court appearance would inevitably lead to a significant number of people spending months in crowded local prisons to await trial, a few of whom would receive a short custodial sentence, but many would be given a community sanction. There appears to be no estimate of the cost for the increased use of custodial remands.”
So the risks in the clause are pretty clear. There may be an appeal to the Labour party at this moment in the political cycle, but there are obvious cost implications to legislation that may draw more people into custody willy-nilly. As the Howard League pointed out, there are the risks of overcrowding in local prisons, and of an over-harsh remedy for people who would otherwise not be taken into custody at any stage. That seems to undermine the whole value of such alternative means of implementing criminal justice and tackling anti-social behaviour, such as anti-social behaviour orders, parenting contracts and the like.