Anti-Social Behaviour, Crime and Policing Bill

Supplementary written evidence from the Home Office (ASB 44)

ANTI-SOCIAL BEHAVIOUR, CRIME AND POLICING BILL: CLAUSE 8

During the Committee’s consideration of clause 8 of the Bill on 25 June, I undertook to confirm the intention behind subsection (6) of the clause in response to an intervention from Stephen Phillips (Official Report, column 192).

Clause 8(6) provides that where a person is arrested without warrant by a police officer for breaching an injunction to prevent nuisance and annoyance and is brought before a Justice of the Peace, the Justice of the Peace must remand the arrested person to appear before the youth court that granted injunction if the person is under 18 or before the county court if the person is aged over 18.

Stephen Phillips correctly identified the purpose of this provision, namely it covers a situation where a person was aged under 18 when the injunction was granted by the youth court, but was 18 or older at the point at which he or she was arrested for breach of an injunction. In such a case, the Justice of the Peace would be required to remand the person to appear before the county court rather than the youth court.

I am copying this letter to Stephen Phillips and the other members of the Committee.

July 2013

Jeremy Browne MP

Minister of State

Prepared 12th July 2013