Crime and Courts Bill [HL] — Report (2nd Day) — 4 Dec 2012 at 15:48

Amendment 79

Moved by Lord Ahmad of Wimbledon

79: After Clause 17, insert the following new Clause-

"Youth courts to have jurisdiction to grant gang-related injunctions

(1) Part 4 of the Policing and Crime Act 2009 (injunctions to prevent gang-related violence) is amended as follows.

(2) In section 49(1) (interpretation of Part 4) for the definition of "court" substitute-

""court" (except in Schedule 5A)-

(a) in the case of a respondent aged under 18, means a youth court, and

(b) in any other case, means the High Court or the county court,

but this is subject to any provision in rules of court that is or could be made under section 48(4);".

(3) In section 43(7) (judge before whom person arrested on suspicion of breaching injunction under Part 4 is to be brought) for the words from "means" to the end substitute "means a judge of the court that granted the injunction, except that where-

(a) the respondent is aged 18 or over, but

(b) the injunction was granted by a youth court,

it means a judge of the county court."

(4) In section 48 (rules of court in relation to injunctions under Part 4) after subsection (3) insert-

"(4) In relation to a respondent attaining the age of 18 after the commencement of proceedings under this Part, rules of court may-

(a) provide for the transfer of the proceedings from a youth court to the High Court or the county court;

(b) prescribe circumstances in which the proceedings may or must remain in a youth court."

(5) Schedule (Gang-related injunctions: further amendments) (which makes consequential and related amendments in the Policing and Crime Act 2009) has effect.

(6) Nothing in any provision of this section or of that Schedule affects proceedings in relation to applications made before the coming into force of that provision."

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