New Clause 4 — Injunctions: gang-related violence

Part of Crime and Security Bill – in the House of Commons at 7:45 pm on 8 March 2010.

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Photo of David Hanson David Hanson Minister of State (Home Office) (Crime and Policing) 7:45, 8 March 2010

I am grateful for the right hon. Gentleman's contribution. In Committee, we discussed the likely age range of individuals who would face a gang injunction, and some members will be as young as 13 or 14. The Committee took evidence from various charities and others in order to look at those issues before commencing its scrutiny of the Bill, and we assume that the vast majority of individuals who become involved in gangs will be aged 16 to 18. When we pilot the gang injunctions, as we intend to, individuals on the cusp of 16 or 17 might have an injunction that lasts beyond their 18th birthday. Breaches could occur following the granting at seventeen and a half of an injunction that continues until the individual is eighteen and a half, because the injunctions might last for 12 months or, perhaps, longer.

We have looked at the issue, and breaches, specialist injunctions and the type of activity under consideration are best dealt with by an adult court, because it has the expertise. Sad though it might be, many individuals who are under 18 will become 18 and over during the course of the injunction, so the breach may well be best dealt with by the court with that relevant expertise.

We have a clear definition of "gang" and "gang-related violence". We have looked at the Police and Crime Act 2009, and it describes gang-related violence as that which

"Consists of at least 3 people; uses"-

As the hon. Member for Hornchurch said-

"A name, emblem or colour or has any other characteristic that enables its members to be identified by others as a group; and is associated with a particular area."

We want to ensure that we protect young people who might be on the fringes of such activity, on the fringes of a gang or on the fringes of being involved with a name, an emblem or a geographical area. They would therefore benefit from an injunction. My amendments indicate that the youth offending team would, following the hon. Gentleman's helpful suggestion, be involved formally in some assessments, and be involved in the event of any breaches before the court took a final decision. In the pilots, the injunctions will be useful to ensure that we provide alternative activities, keep people away from the geographical area, potentially stop them wearing a name, emblem or a colour, stop them meeting certain individuals and help them, through positive activities, to turn away from gang activity.

That is why I cannot for the life of me understand why the hon. Member for Eastleigh does not support the proposal. I should really welcome his intervention to tell me why he does not support it, because we should get it on the record. Through the measure, we will help people to move away from gangs, ensure that they do not become involved in gang activity and meet an obligation to help people to participate in a positive activity. This is the last chance for him to put on the record why he does not agree with that proposal, because, given what I have said, I genuinely cannot find any way in which anyone could.