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| Version 1 | Version 2 |
|---|---|
| Anti-gang injunctions thrown out | Anti-gang injunctions thrown out |
| (10 minutes later) | |
| Civil injunctions cannot be used against gangs in Birmingham, the Court of Appeal has ruled. | |
| It upheld a judge's decision not to grant the city council such injunctions against alleged gang members. | |
| The orders, which restricted movements and banned individuals from seeing each other, were used by the council instead of antisocial behaviour orders (Asbos). | |
| The ruling means that the civil injunctions will not now be taken up across England and Wales. | |
| BBC Correspondent Phil Mackie said the injunctions were used because county courts did not require the same level of proof as magistrates courts, which issue Asbos. | |
| The three judges ruled 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 out | Thrown 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. | 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 even been used to ban alleged gang members from wearing specific clothes. | |
| The city council had pioneered the use of the injunctions from August 2007 and obtained 30 interim orders. | 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 Council | 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 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 the effectiveness of the injunctions in controlling gang activity. | Other cities had been studying the effectiveness of the injunctions in controlling gang activity. |
| Mrs Smith said she was "disappointed" by the ruling. | Mrs Smith said she was "disappointed" by the ruling. |
| 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. | 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." | "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. | 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. | 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. | 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. | 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." | 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." |