Legal Update: In a Nutshell - New guidance on gang injunctions
Coram Children's Legal Centre
Monday, July 6, 2015
The Home Office recently published statutory guidance on injunctions to prevent gang-related violence and drug dealing.
What is a gang injunction?
A gang injunction is a civil preventative order brought in under Part 4 of the Policing and Crime Act 2009. It allows courts to place a range of requirements and prohibitions on the behaviour and activities of individuals, such as prohibiting them from going to a particular place, associating with particular people, having a certain animal, or wearing certain clothing. Gang injunctions have been available for use against adults since January 2011, and were extended to 14- 17-year-olds in January 2012, as part of a series of measures announced by the Home Secretary to deal with the fallout of the 2011 London riots.
A police chief or local authority can apply for a gang injunction where an individual has engaged in, encouraged or assisted in "gang-related violence" or "gang-related drug dealing activity", which is defined as: "violence or a threat of violence" and/or "the unlawful production, supply, importation or exportation of a controlled drug", which occurs in the course of, or is otherwise related to, the activities of a group that:
- Consists of at least three people; and
- Has one or more characteristics that enable its members to be identified by others as a group.
This definition was changed following amendments made under the Serious Crimes Act 2015, and has been criticised by human rights groups for being very broad, potentially applying to a wide range of individuals beyond the purpose for which the orders were intended, and constituting a breach of the right to freedom of association.
Principles in applying gang injunctions to young people
The guidance, designed to function as "a practical tool intended to help local partners apply for and manage gang injunctions effectively and appropriately", sets out a series of principles that must be followed in applying for gang injunctions for 14- 17-year-olds. These include:
- Regard must be had to the need to safeguard and promote the welfare of children, in accordance with section 11 of the Children Act 2004;
- Local children's services who have legal responsibilities for safeguarding and child protection should be involved in discussions regarding a potential gang injunction for a 14- 17-year-old and advise what actions would be appropriate to ensure the young person's safety;
- Regard should be had to guidance on safeguarding processes, and close partnerships and shared intelligence between children's services, law enforcement and public protection agencies is vital;
- Youth Offending Teams are a partner well placed to undertake holistic assessments to address the risk of young people becoming involved in gang violence;
- Comprehensive assessment tools, information sharing and agreed referral arrangements are important to ensure that young people get the support they need. A gang injunction should be seen as a tool in a wider partnership approach; and
- Where appropriate, applicants should work closely with the young person's family, from the earliest stage.