House of Commons portcullis
House of Commons
Session 2008 - 09
Internet Publications
Other Bills before Parliament


 
 

209

 

House of Commons

 
 

Notices of Amendments

 

given on

 

Thursday 12 February 2009

 

For other Amendment(s) see the following page(s):

 

Policing and Crime Bill Committee 170-208

 

Public Bill Committee


 

Policing and Crime Bill

 

Mr Vernon Coaker

 

 

That the Order of the Committee of 27 January be amended as follows—

 

(a)  

in paragraph (1)(h), after ‘9.00 am’ insert ‘and 1.00 pm’.

 

(b)  

in pargraph (4) leave out ‘10.25 am’ and insert ‘4.00 pm’.

 

 

Mr Vernon Coaker

 

290

 

Clause  89,  page  103,  line  2,  at end insert—

 

‘(ba)    

sections [Injunctions to prevent gang-related violence] to

 

[Interpretation] and Schedule [Injunctions: powers to remand],’.

 

Injunctions to prevent gang-related violence

 

Mr Vernon Coaker

 

NC11

 

To move the following Clause:—

 

‘(1)    

A court may grant an injunction under this section if two conditions are met.

 

(2)    

The first condition is that the court is satisfied on the balance of probabilities that

 

the respondent has engaged in, or has encouraged or assisted, gang-related

 

violence.

 

(3)    

The second condition is that the court thinks it is necessary to grant the injunction

 

for either or both of the following purposes—

 

(a)    

to prevent the respondent from engaging in, or encouraging or assisting,

 

gang-related violence;

 

(b)    

to protect the respondent from gang-related violence.


 
 

Notices of Amendments: 12 February 2009                  

210

 

Policing and Crime Bill, continued

 
 

(4)    

An injunction under this section may (for either or both of those purposes)—

 

(a)    

prohibit the respondent from doing anything described in the injunction;

 

(b)    

require the respondent to do anything described in the injunction.

 

(5)    

In this section “gang-related violence” means violence or a threat of violence

 

which occurs in the course of the activities of a gang or is otherwise related to

 

such activities.’.

 

Contents of injunctions

 

Mr Vernon Coaker

 

nc12

 

To move the following Clause:—

 

‘(1)    

This section applies in relation to an injunction under section [Injunctions to

 

prevent gang-related violence].

 

(2)    

The prohibitions included in the injunction may, in particular, have the effect of

 

prohibiting the respondent from—

 

(a)    

being in a particular place;

 

(b)    

being with particular persons in a particular place;

 

(c)    

being in charge of a particular species of animal in a particular place;

 

(d)    

wearing particular descriptions of articles of clothing in a particular

 

place;

 

(e)    

using the internet to facilitate or encourage violence.

 

(3)    

The requirements included in the injunction may, in particular, have the effect of

 

requiring the respondent to—

 

(a)    

notify the person who applied for the injunction of the respondent’s

 

address and of any change to that address;

 

(b)    

be at a particular place between particular times on particular days;

 

(c)    

present himself or herself to a particular person at a place where he or she

 

is required to be between particular times on particular days;

 

(d)    

participate in particular activities between particular times on particular

 

days.

 

(4)    

A requirement of the kind mentioned in subsection (3)(b) may not be such as to

 

require the respondent to be at a particular place for more than 8 hours in any day.

 

(5)    

The prohibitions and requirements included in the injunction must, so far as

 

practicable, be such as to avoid—

 

(a)    

any conflict with the respondent’s religious beliefs, and

 

(b)    

any interference with the times, if any, at which the respondent normally

 

works or attends any educational establishment.

 

(6)    

Nothing in subsection (2) or (3) affects the generality of section [Injunctions to

 

prevent gang-related violence](4).

 

(7)    

In subsection (2) “place” includes an area.’.

 

Contents of injunctions: supplemental

 

Mr Vernon Coaker

 

nc13

 

To move the following Clause:—

 

‘(1)    

This section applies in relation to an injunction under section [Injunctions to

 

prevent gang-related violence].


 
 

Notices of Amendments: 12 February 2009                  

211

 

Policing and Crime Bill, continued

 
 

(2)    

The court must specify, in relation to each prohibition or requirement in the

 

injunction, whether it is to be in force—

 

(a)    

until further order, or

 

(b)    

until the end of a specified period.

 

(3)    

The court may order the applicant and the respondent to attend a review hearing

 

on a specified date.

 

(4)    

A review hearing is a hearing held for the purpose of considering whether the

 

injunction should be varied or discharged.

 

(5)    

The court may attach a power of arrest in relation to—

 

(a)    

any prohibition in the injunction, or

 

(b)    

any requirement in the injunction, other than one which has the effect of

 

requiring the respondent to participate in particular activities.

 

(6)    

If the court attaches a power of arrest, it may specify that the power is to have

 

effect for a shorter period than the prohibition or requirement to which it relates.’.

 

Applications for injunctions under section [Injunctions to prevent gang-related violence]

 

Mr Vernon Coaker

 

nc14

 

To move the following Clause:—

 

‘(1)    

An application for an injunction under section [Injunctions to prevent gang-

 

related violence] may be made by—

 

(a)    

the chief officer of police for a police area,

 

(b)    

the chief constable of the British Transport Police Force, or

 

(c)    

a local authority.

 

(2)    

In this Part “local authority” means—

 

(a)    

in relation to England, a district council, a county council, a London

 

borough council, the Common Council of the City of London or the

 

Council of the Isles of Scilly;

 

(b)    

in relation to Wales, a county council or a county borough council.’.

 

Consultation by applicants for injunctions

 

Mr Vernon Coaker

 

nc15

 

To move the following Clause:—

 

‘(1)    

Before applying for an injunction under section [Applications for injunctions

 

under section [Injunctions to prevent gang-related violence]], the applicant must

 

comply with the consultation requirement.

 

(2)    

In the case of an application by a chief officer of police, the consultation

 

requirement is that the chief officer (“the applicant chief officer”) must consult—

 

(a)    

any local authority that the applicant chief officer considers it would be

 

appropriate to consult, and

 

(b)    

any other chief officer of police whom the applicant chief officer

 

considers it would be appropriate to consult.

 

(3)    

In the case of an application by the chief constable of the British Transport Police

 

Force, the consultation requirement is that the constable must consult—

 

(a)    

any local authority that the constable considers it would be appropriate to

 

consult, and


 
 

Notices of Amendments: 12 February 2009                  

212

 

Policing and Crime Bill, continued

 
 

(b)    

any chief officer of police whom the constable considers it would be

 

appropriate to consult.

 

(4)    

In the case of an application by a local authority, the consultation requirement is

 

that the local authority (“the applicant local authority”) must consult—

 

(a)    

any chief officer of police whom the applicant local authority considers

 

it would be appropriate to consult, and

 

(b)    

any other local authority that the applicant local authority considers it

 

would be appropriate to consult.’.

 

Applications without notice

 

Mr Vernon Coaker

 

nc16

 

To move the following Clause:—

 

‘(1)    

An application under section [Applications for injunctions under section

 

[Injunctions to prevent gang-related violence]] may be made without the

 

respondent being given notice.

 

(2)    

In this Part, such an application is referred to as an application without notice.

 

(3)    

Section [Consultation by applicants for injunctions](1) does not apply in relation

 

to an application without notice.

 

(4)    

If an application without notice is made the court must either—

 

(a)    

dismiss the application, or

 

(b)    

adjourn the proceedings.

 

(5)    

If the court acts under subsection (4)(b), the applicant must comply with the

 

consultation requirement before the date of the first full hearing.

 

(6)    

In this section “full hearing” means a hearing of which notice has been given to

 

the applicant and respondent in accordance with rules of court.’.

 

Interim injunctions: adjournment of on notice hearing

 

Mr Vernon Coaker

 

nc17

 

To move the following Clause:—

 

‘(1)    

This section applies if—

 

(a)    

the court adjourns the hearing of an application for an injunction under

 

section [Injunctions to prevent gang-related violence], and

 

(b)    

the respondent was notified of the hearing in accordance with rules of

 

court.

 

(2)    

The court may grant an interim injunction if the court thinks that it is just and

 

convenient to do so.

 

(3)    

An interim injunction granted under this section may not include a prohibition or

 

requirement which is expressed to be in force until further order.

 

(4)    

Except as provided by subsection (3), an interim injunction under this section

 

may include any provision which the court has power to include in an injunction

 

granted under section [Injunctions to prevent gang-related violence] (including a

 

power of arrest).’.


 
 

Notices of Amendments: 12 February 2009                  

213

 

Policing and Crime Bill, continued

 
 

Interim injunctions: adjournment of without notice hearing

 

Mr Vernon Coaker

 

nc18

 

To move the following Clause:—

 

‘(1)    

This section applies if the court adjourns the hearing of an application without

 

notice under section [Applications without notice](4)(b).

 

(2)    

The court may grant an interim injunction if it thinks that it is necessary to do so.

 

(3)    

An interim injunction under this section may not—

 

(a)    

include a prohibition or requirement which is expressed to be in force

 

until further order, or

 

(b)    

have the effect of requiring the respondent to participate in particular

 

activities.

 

(4)    

Except as provided by subsection (3), an interim injunction under this section

 

may include any provision which the court has power to include in an injunction

 

granted under section [Injunctions to prevent gang-related violence] (including a

 

power of arrest).’.

 

Variation or discharge of injunctions

 

Mr Vernon Coaker

 

nc19

 

To move the following Clause:—

 

‘(1)    

The court may vary or discharge an injunction under this Part if either—

 

(a)    

a review hearing is held, or

 

(b)    

an application to vary or discharge the injunction is made.

 

(2)    

An application to vary or discharge the injunction may be made by—

 

(a)    

the person who applied for the injunction;

 

(b)    

the respondent.

 

(3)    

Before applying for the variation or discharge of an injunction, a person

 

mentioned in subsection (2)(a) must notify the persons consulted under section

 

[Consultation by applicants for injunctions](1) or [Applications without

 

notice](5).’.

 

Arrest without warrant

 

Mr Vernon Coaker

 

nc20

 

To move the following Clause:—

 

‘(1)    

This section applies if a power of arrest is attached to a provision of an injunction

 

under this Part.

 

(2)    

A constable may arrest without warrant a person whom the constable has

 

reasonable cause to suspect to be in breach of the provision.

 

(3)    

If a constable arrests a person under subsection (2), the constable must inform the

 

person who applied for the injunction.

 

(4)    

A person arrested under subsection (2) must be brought before a relevant judge

 

within the period of 24 hours beginning with the time of the arrest.

 

(5)    

If the matter is not disposed of when the person is brought before the judge, the

 

judge may remand the person.


 
 

Notices of Amendments: 12 February 2009                  

214

 

Policing and Crime Bill, continued

 
 

(6)    

In calculating when the period of 24 hours mentioned in subsection (4) ends,

 

Christmas Day, Good Friday and any Sunday are to be disregarded.

 

(7)    

In this Part “relevant judge”, in relation to an injunction, means—

 

(a)    

where the injunction was granted by the High Court, a judge of that court;

 

(b)    

where the injunction was granted by a county court, a judge or district

 

judge of that or any other county court.’.

 

Issue of warrant of arrest

 

Mr Vernon Coaker

 

nc21

 

To move the following Clause:—

 

‘(1)    

This section applies in relation to an injunction under this Part.

 

(2)    

If the person who applied for the injunction considers that the respondent is in

 

breach of any of its provisions, the person may apply to a relevant judge for the

 

issue of a warrant for the arrest of the respondent.

 

(3)    

A relevant judge may not issue a warrant on an application under subsection (2)

 

unless the judge has reasonable grounds for believing that the respondent is in

 

breach of any provision of the injunction.

 

(4)    

If a person is brought before a court by virtue of a warrant under subsection (3),

 

but the matter is not disposed of, the court may remand the person.’.

 

Remand for medical examination and report

 

Mr Vernon Coaker

 

nc22

 

To move the following Clause:—

 

‘(1)    

This section applies in relation to a person who is brought before the relevant

 

judge or the court under section [Arrest without warrant] or [Issue of warrant of

 

arrest].

 

(2)    

If the relevant judge or the court has reason to consider that a medical report will

 

be required, the judge or the court may remand the person under section [Arrest

 

without warrant](5) or (as the case may be) [Issue of warrant of arrest](4) for the

 

purpose of enabling a medical examination to take place and a report to be made.

 

(3)    

If the person is remanded in custody for that purpose, the adjournment may not

 

be for more than 3 weeks at a time.

 

(4)    

If the person is remanded on bail for that purpose, the adjournment may not be

 

for more than 4 weeks at a time.

 

(5)    

If the relevant judge or the court has reason to suspect that the person is suffering

 

from a mental disorder within the meaning of the Mental Health Act 1983, the

 

judge or the court has the same power to make an order under section 35 of that

 

Act (remand for report on accused’s medical condition) as the Crown Court has

 

under that section in the case of an accused person (within the meaning of that

 

section).’.

 

Further provision about remands

 

Mr Vernon Coaker

 

nc23

 

To move the following Clause:—


 
 

Notices of Amendments: 12 February 2009                  

215

 

Policing and Crime Bill, continued

 
 

‘Schedule [Injunctions: powers to remand] (which makes further provision about

 

the remand of a person under sections [Arrest without warrant](5) and [Issue of

 

warrant of arrest](4)) has effect.’.

 

Guidance

 

Mr Vernon Coaker

 

nc24

 

To move the following Clause:—

 

‘(1)    

The Secretary of State must issue guidance relating to injunctions under this Part.

 

(2)    

The Secretary of State may revise any guidance issued under subsection (1).

 

(3)    

The Secretary of State must publish any guidance issued or revised under this

 

section.

 

(4)    

Each of the following must have regard to any guidance published under

 

subsection (3)—

 

(a)    

a chief officer of police for a police area;

 

(b)    

the chief constable of the British Transport Police Force;

 

(c)    

a local authority.’.

 

Supplemental

 

Mr Vernon Coaker

 

nc25

 

To move the following Clause:—

 

‘(1)    

Rules of court may provide that any power conferred on a county court to grant,

 

vary or discharge an injunction under this Part may be exercised by a judge or

 

district judge of that court.

 

(2)    

Rules of court may provide that an appeal from a decision of the High Court or

 

county court to which this subsection applies may be made without notice being

 

given to the respondent.

 

(3)    

Subsection (2) applies to a decision to refuse to grant an interim injunction under

 

section [Interim injunctions: adjournment of without notice hearing].’.

 

Interpretation

 

Mr Vernon Coaker

 

nc26

 

To move the following Clause:—

 

‘(1)    

In this Part—

 

“application without notice” has the meaning given by section [Applications

 

without notice](2);

 

“court” means the High Court or a county court;

 

“local authority” has the meaning given by section [Applications for

 

injunctions under section [Injunctions to prevent gang-related

 

violence](2)];

 

“relevant judge” has the meaning given by section [Arrest without

 

warrant](7);


 
contents continue
 
House of Commons home page Houses of Parliament home page House of Lords home page search page enquiries

© Parliamentary copyright 2009
Revised 13 February 2009