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Anti-gang injunctions thrown out Anti-gang injunctions thrown out
(20 minutes later)
The Court of Appeal has ruled that civil injunctions cannot be used against gangs in Birmingham.The Court of Appeal has ruled that civil injunctions cannot be used against gangs in Birmingham.
It upheld a judge's decision not to grant the city council injunctions against alleged gang members.It upheld a judge's decision not to grant the city council injunctions against alleged gang members.
The measures restricted movements and were used by the council instead of anti-social behaviour orders (Asbos).The measures restricted movements and were used by the council instead of anti-social behaviour orders (Asbos).
BBC Correspondent Phil Mackie said they were used because county courts did not require the same level of proof as magistrates courts, which issue Asbos.BBC Correspondent Phil Mackie said they were used because county courts did not require the same level of proof as magistrates courts, which issue Asbos.
The three judges rules that the council should have sought Asbos if it had sufficient evidence. The three judges ruled that the council should have sought Asbos if it had sufficient evidence.
Thrown outThrown out
Home Secretary Jacqui Smith, who had praised Birmingham City Council's use of the injunctions, said the government may now seek to change the law.
The civil injunctions had been used to ban alleged gang members from large parts of the city, from meeting one another and even from wearing specific clothes.The civil injunctions had been used to ban alleged gang members from large parts of the city, from meeting one another and even from wearing specific clothes.
The city council had pioneered the use of the injunctions from August 2007 - obtaining 30 interim orders - and was praised by Home Secretary Jacqui Smith. The city council had pioneered the use of the injunctions from August 2007 and obtained 30 interim orders.
But the first time a county court trial was held in January over an application for a full injunction against two alleged gang members it was thrown out by a judge. But the first time a county court trial was held in January over an application for a full injunction against two alleged gang members, it was thrown out by a judge.
Communities have noticed the benefits of these civil orders, which have helped to restore order and minimise gang-related activity in specific areas Councillor Ayoub Khan, Birmingham City CouncilCommunities have noticed the benefits of these civil orders, which have helped to restore order and minimise gang-related activity in specific areas Councillor Ayoub Khan, Birmingham City Council
Judge MacDuff said there was insufficient evidence against Marnie Shafi and Tyrone Ellis.Judge MacDuff said there was insufficient evidence against Marnie Shafi and Tyrone Ellis.
Other cities had been studying their effectiveness in controlling gang activity. Other cities had been studying the effectiveness of the injunctions in controlling gang activity.
But the Court of Appeal's ruling means that they will not now be taken up across England and Wales.But the Court of Appeal's ruling means that they will not now be taken up across England and Wales.
Birmingham City Council said it was "disappointed" by the ruling and would seek to take the case to the House of Lords. Mrs Smith said she was "disappointed" by the ruling.
Councillor Ayoub Khan, cabinet member for local services and community safety, said: "Today's judgment will limit the use of civil law to protect people from gang violence and anti-social behaviour, but we are committed to using all other means available, including Asbos, to tackle problems posed by gangs in the city." She added: "I will be reviewing the decision and considering how we can support this sort of action that has been so successful in countering gangs, including changing the law if necessary.
"It is important to note that injunctions are just one of a range of tools and powers available to local areas."
Birmingham City Council said it would seek to take the case to the House of Lords.
It had complained that the standard of proof applied by Judge MacDuff was too strict for a civil action.
But the appeal judges said civil applications "in aid of the criminal law" required the same level of proof as an Asbo application.
Master of the Rolls Sir Anthony Clarke said the courts had ample powers to deal with gangs without resorting to civil injunctions except in exceptional cases.
Councillor Ayoub Khan, the council's member for local services and community safety, said: "Today's judgment will limit the use of civil law to protect people from gang violence and anti-social behaviour, but we are committed to using all other means available, including Asbos, to tackle problems posed by gangs in the city."
He added: "Communities have noticed the benefits of these civil orders, which have helped to restore order and minimise gang-related activity in specific areas."He added: "Communities have noticed the benefits of these civil orders, which have helped to restore order and minimise gang-related activity in specific areas."
'Greater control''Greater control'
Suzette Davenport, Assistant Chief Constable of West Midlands Police, said: "Although disappointed with today's ruling, West Midlands Police remain committed to working with our partner agencies to reduce gang related violence in our communities.Suzette Davenport, Assistant Chief Constable of West Midlands Police, said: "Although disappointed with today's ruling, West Midlands Police remain committed to working with our partner agencies to reduce gang related violence in our communities.
"We will do this through both tried and tested means but also through the development of innovative methods to manage those involved who engage in criminal activity and anti-social behaviour. "We will do this through both tried and tested means, but also through the development of innovative methods to manage those involved who engage in criminal activity and anti-social behaviour.
"Injunctions and anti social behaviour orders have worked, enabling greater level of control over associations and being in specific geographic areas."Injunctions and anti social behaviour orders have worked, enabling greater level of control over associations and being in specific geographic areas.
"We will continue to apply for anti-social behaviour orders to curb criminal behaviour to help keep our neighbourhoods safer.""We will continue to apply for anti-social behaviour orders to curb criminal behaviour to help keep our neighbourhoods safer."