Recommendations & Conclusions
4 items
3
Conclusion
5th Report - Legislative Scrutiny: Crim…
Acknowledged
It is important that measures designed to tackle ASB work to protect victims and do not unjustifiably affect the vulnerable. Respect orders would reintroduce criminal offence as a punishment for breach. It is not, however, clear why they would work more effectively than existing measures or the ASBOs that preceded …
Government response. The government acknowledges the importance of protecting victims and vulnerable individuals, and explains that Respect Orders are designed to be more effective by providing a stronger deterrent for breach and retaining rehabilitative requirements.
Ministry of Justice
4
Conclusion
5th Report - Legislative Scrutiny: Crim…
Acknowledged
Particularly given the emphasis witnesses placed on anti-social behaviour largely being carried out by adults, we welcome the decision to exclude children from the scope of respect orders. However, the youth injunction 55 targeted at under 18s would simply replicate the existing regime. It is unclear whether this would effectively …
Government response. The government welcomes the Committee's support for limiting Respect Orders to adults, and defends the existing Youth Injunctions as important and necessary, noting they are not novel but will introduce a new requirement for a risk assessment prior to application.
Ministry of Justice
6
Recommendation
5th Report - Legislative Scrutiny: Crim…
Acknowledged
Measures designed to tackle anti-social behaviour affect the rights of victims and those accused of anti-social behaviour. To ensure these rights are properly protected it is important that the impact and efficacy of these measures are properly understood. We agree that the Government should have carried out a review of …
Government response. The government acknowledged the importance of protecting rights and understanding the impact of measures, stating the Respect Order was developed using input and research, and that new data reporting powers in the Bill will improve the overview of power usage …
Ministry of Justice
14
Conclusion
5th Report - Legislative Scrutiny: Crim…
Acknowledged
This is the third piece of primary legislation changing the law on public order on which the JCHR has reported in less than five years. Given the importance of free expression and free assembly to a healthy democracy, the Joint Committee on Human Rights is concerned by the volume of …
Government response. The government acknowledged the committee's concern regarding the volume of legislative changes to protest law, but defended the changes as essential responses to evolving protest tactics, aiming to balance protest rights with public order.
Ministry of Justice