Injunctions tackle gang culture
Jess Brown
Monday, June 22, 2015
The government has issued updated guidance on gang injunctions that could see them used more widely.
The government has issued updated guidance designed to encourage public bodies to increase their use of injunctions to prevent gang-related violence and drug dealing.
CYP Now looks at how these injunctions work and what the guidance will mean for the way local government and justice agencies use them with young people.
What is a gang injunction and when can one be granted?
Gang injunctions can be granted to prevent a young person from engaging in, encouraging or assisting gang-related violence or gang-related drug dealing. It can also be used to protect the subject of an injunction from gang-related violence or drug dealing activity.
There must be evidence that the subject of the injunction has engaged in, encouraged or assisted gang-related violence or drug dealing.
What is the gang injunction guidance and who is it for?
The guidance updates previous Home Office advice on factors to consider when applying for a gang injunction, particularly in the cases of 14- to 17-year-olds and young girls. It includes advice on the steps required to prepare, apply for and serve an injunction.
It is aimed at local authorities and police forces, who are required to "have regard" to the latest version of the guidance when applying for an injunction. More specifically, it is for the attention of the chief police officer, the chief constable of the British Transport Police and local authorities, all of whom can apply for injunctions.
What should be considered before issuing an injunction?
Councils or police forces thinking of issuing a gang injunction should ensure it is tailored to the specific circumstances and needs of the individual who is to be the subject of it.
They should also ensure it is used as one part of a wider approach to dealing with gang violence. Applicants should work closely and share intelligence with children's criminal justice services and public protection agencies, and, where appropriate, the person's family. This should happen from the earliest stage to ensure support is available, and the injunction has the best chance of succeeding.
Do any groups require specific treatment under the guidance?
The heightened risk young girls face should be properly considered. Efforts should be made to educate them on the dangers of being involved in gangs, and refer them to appropriate support services.
The guidelines state that gang injunctions against women should be used as a last resort because of their vulnerability, and because they may have been coerced by a partner, friend or relative.
Applicants should also consider the potential harm of publicising the details of individual injunctions where girls are involved.
For young people aged 14 to 17, there are Children Act duties on local authorities, police and others to safeguard and promote the welfare of children. There are clear child protection processes to follow when significant harm, or the risk of harm, has been identified.
The guidelines also advise consulting with youth offending teams to carry out holistic assessments, which involve managing risk and vulnerability.
What steps should be taken when issuing a gang injunction?
The first step is for councils and police to gather evidence in support of their application. This must show that the injunction subject has engaged in, encouraged or abetted gang-related violence or drug dealing, and that the injunction is a necessary step to prevent them from continuing to do so.
Evidence can include witness statements; hearsay evidence from community members and/or police officers; documentary evidence; statements from professional witnesses (for example, council officials or health professionals); photographic, video or CCTV evidence; screen captures of gang members' internet pages; previous relevant arrests or convictions; and any items seized during searches.
Applicants should draft the terms of the injunction, with consideration given to religious beliefs and human rights, and making sure the terms do not compromise a person's work or education - while also ensuring they will help to protect and reassure the public.
Risk assessment should be carried out to consider whether any of the proposed prohibitions compromise the safety of the subject and their family.
The guidelines state that a young girl involved with a gang may have close relationships with other gang members. This will need to be taken into account when proposing the details of an injunction.
How do you apply for an injunction?
The process is set out in the Civil Procedure Rules and the Magistrates' Courts (Injunctions: Gang-related violence) Rules 2015.
Applications involving young people should be made to the local youth court. They can be made "with notice" or "without notice" to subjects. Once an injunction has been granted, it must be served personally to the young person, unless the court orders otherwise.
It is essential that the subject understands the details of the terms of the injunction and that everything is explained in ordinary language.
More information
AT-A-GLANCE - GUIDE TO GANG INJUNCTIONS
- Gang injunctions were introduced in the Policing and Crime Act 2009. They have been available for use with adults since 2011, and for 14- to 17-year-olds since January 2012
- There is no minimum duration for a gang injunction, but none of the conditions can be ordered to last for more than two years
- Between January 2011 and January 2014, there were 108 gang injunctions put in place in 25 of the then 33 Ending Gang and Youth Violence priority areas in England