Recommendations & Conclusions
4 items
1
Conclusion
5th Report - Legislative Scrutiny: Crim…
Accepted
We recognise that anti-social behaviour can blight communities, with the most serious and persistent cases undermining well-being, causing intimidation and distress and preventing the full expression and enjoyment of individual rights. We also recognise that those accused of anti-social behaviour, and those found to have engaged in it, also have …
Government response. The government agrees with the importance of balancing victims' and accused's rights, stating that existing legislation and forthcoming guidance already provide safeguards, avenues of redress, and ensure proportionality in tackling anti-social behaviour.
Ministry of Justice
2
Conclusion
5th Report - Legislative Scrutiny: Crim…
Accepted
The broad definition of anti-social behaviour encompasses a wide range of unacceptable behaviour. While it may be well-established and understood by some authorities, its breadth and subjectivity allows for inconsistency in its application and risks sweeping up less serious matters along with behaviour that demands a legal response. This can …
Government response. The government defends the broadness and flexibility of ASB powers as necessary, stating that existing legal tests, statutory guidance, and new risk assessment requirements provide sufficient safeguards against disproportionate use and impacts on vulnerable groups.
Ministry of Justice
16
Conclusion
5th Report - Legislative Scrutiny: Crim…
Accepted
We agree that the police should be able to take action against individuals using masks to intimidate others and to evade arrest. However, there may be legitimate reasons for actions that conceal identity at a protest. It is important that the law does not disproportionately interfere with human rights, including …
Government response. The government acknowledges the importance of balancing public safety with the right to protest, and states that current Bill provisions for concealing identity at protests already include safeguards and defences for legitimate reasons, ensuring the measure does not disproportionately interfere …
Ministry of Justice
21
Conclusion
5th Report - Legislative Scrutiny: Crim…
Accepted
We recognise that protests have the potential to intimidate and interfere with the right to manifest one’s religion through worship. However, the right to protest peacefully must also be respected. We agree with evidence we 58 received that it is important that the right balance is struck between these rights, …
Government response. The government agrees on the importance of balancing the right to protest with the right to practice religion, stating that Clause 124 of the Bill is designed to achieve this balance by preventing undue intimidation near places of worship, consistent …
Ministry of Justice