Part of Crime and Policing Bill - Committee (2nd Day) – in the House of Lords at 8:30 pm on 17 November 2025.
Lord Blencathra
Shadow Minister (Environment, Food and Rural Affairs)
8:30,
17 November 2025
My Lords, in moving my Amendment 54, I will also speak to my Amendment 55. Amendment 54 seeks to amend Schedule 2 of the Anti-social Behaviour, Crime and Policing Act 2014. The relevant section says that:
“A youth court, if satisfied beyond reasonable doubt that a person aged under 18 is in breach of a provision of an injunction under section 1 to which he or she is subject, may make in respect of the person—(a) a supervision order or (b) a detention order”.
Dealing with the detention provisions first, the court “may” make a detention order. My amendment seeks that it “must” make such an order, tying the court’s discretion, if a person between the ages of 14 and 18 breaches three or more injunctions.
As the Minister knows—indeed, as we all know—the problem with juvenile crime is habitual offenders. None of us want to lock up little kiddies who make a couple of mistakes or commit minor crime—of course not. However, before any juvenile gets an injunction, the anti-social behaviour has to be reasonably serious. This is what the College of Policing says on the grounds for an injunction:
“A civil injunction is issued on the balance of probabilities. It must be just and convenient to grant the injunction to prevent anti-social behaviour, and the respondent must have engaged in or threatened to engage in either: conduct that has or is likely to cause harassment, alarm, or distress … or conduct capable of causing nuisance or annoyance”.
The College of Policing states that a civil injunction is used for
“drug/alcohol-related ASB … harassment … noise (tenure-neutral)”— whatever that means—“vandalism” and “aggressive begging”. Therefore, I submit that if a juvenile between the ages of 14 to 18 breaches three of those, we have passed the stage where the court may—I stress “may”—make a detention order. Anyone who has breached three injunctions is rapidly heading to becoming a habitual offender. If he does not get a detention order after all that behaviour, what signal will that send to him and his mates? It will signal that you can get away with it, and nothing will happen but another appearance before the court, a rap on the knuckles and being told to be a good boy. As parliamentarians, we owe it to innocent members of the public to protect them from habitual trouble-makers, and my amendment would do just that.
The court also has a discretion on whether to make a detention order when a juvenile breaches one or two injunctions. I am happy with that. I submit that we only remove that discretion when the offender breaches three or more.
I will move on to supervision orders. The court could order a supervision order instead of detention. Such an order could impose one or more of three requirements: a supervision requirement, an activity requirement or a curfew requirement. We do not need to go into what each of those requirements can do or the obligations they might impose. My amendment simply seeks to add an additional power, so that:
“Any person subject to a supervision order … is eligible for an electronic tag”.
Note my wording: it states that they would be “eligible” for an electronic tag; I am not tying the court’s hands here to make it compulsory.
One of my reasons for attaching electronic tags to juveniles under court-imposed supervision orders is the enhancement of accountability. Electronic monitoring provides a reliable, objective mechanism for tracking the whereabouts of young offenders. This not only helps to ensure compliance with curfews and exclusion zones stipulated by the court but gives our Prison and Probation Service immediate insight into any breaches. The knowledge that their movements are being monitored can act as a significant deterrent against further anti-social or criminal behaviour.
I suggest that electronic tagging offers reassurance to communities affected by persistent anti-social behaviour. Enabling authorities to monitor offenders more closely would reduce the risk of reoffending while under supervision. This is particularly pertinent in cases where the offence involves intimidation, vandalism or harassment in a particular locality. The visible commitment to monitoring can help rebuild public confidence in the justice system’s capacity to protect communities.
I have no doubt that some will argue that tagging for a juvenile is punitive, but I suggest it can also help with rehabilitation. Electronic monitoring allows for greater flexibility compared with secure detention, enabling juveniles to remain in their communities, continue education and maintain family relationships. The structure imposed by tagging can help young people develop routines and take responsibility for their actions, while still being held accountable. For many, this balance of liberty and oversight provides a constructive framework for positive behavioural change.
As we all know—the Minister knows this, and he knew it from his last experience in the Home Office—for many young offenders, early Intervention is critical to prevent escalation into more serious criminal behaviour. Electronic tagging, as a clear and immediate consequence, can serve as a wake-up call, highlighting the seriousness of continued non-compliance. This timely intervention can disrupt cycles of offending and encourage reflection, potentially diverting young people from the future of criminality.
I will not speak to my Amendment 55, since I think I have a bit of inadvertent duplication here. I was drafting an amendment to the Act and then one to Schedule 2, and my Amendment 55 is my first draft, which I should not have sent to the Public Bill Office by mistake. Therefore, I beg to move Amendment 54.
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