Crime Solicitors

Changes to gang injunctions will make it easier for the police and courts to prove that an individual’s conduct is “characteristic” of gang behaviour.

Gang injunctions were introduced in 2009 and in order for them to be imposed, it has to be proved that individuals are operating as part of a recognisable group, with a “name, emblem or colour” to identify them as members of the group.

Gang members also have to be shown to conduct their activities within a defined geographical area – some gangs operate within a certain postcode, and fiercely guard their “territory” against intrusion from rival gang members, often resulting in conflict.

New laws relating to gang injunctions mean that the police will have to prove that the individual is a member of a group of at least three people, whose conduct is “characteristic” of a gang.

The government feels that reform to gang injunctions is needed because of variations in how gangs identify themselves – not always using a particular colour, emblem or giving themselves a name, or operating in a particular area.

The change in the law makes the burden of proof simpler for the authorities – gang injunctions fall under civil law, under which burden of proof is lower. However, gang-related charges, if proved, may lead to a criminal conviction.

Home Office Minister Norman Baker – who announced the changes – said:

“Gang and youth violence is a damaging cul-de-sac for young people – and can have a devastating impact on those who get caught up in it, as well as their families and communities.

“Gang injunctions are a valuable power which can help prevent people joining gangs, break down the culture of violence that exists within them – and provide an opportunity to engage with gang members and help them leave.”

Mr Baker went on to say that the Bill would help improve the authorities’ response to gang culture by “redefining and extending the scope” of gang injunctions “to ensure they better reflect the gang culture in the UK”.

The changes to gang injunctions will also enable the courts to restrict the activities of gangs involved in drugs – and will also enable the courts to bar gangs from recruiting others to join in their activities.

Gang members will be banned from visiting certain areas, wearing certain colours or emblems that might identify them with being a member of a gang – and the reforms will also enable the courts to ban gang members from associating with certain named individuals.

Since gang injunctions were introduced in 2009, just 108 have been issued. Ministers are hoping that, as a result of the changes, an additional 60 gang members will be placed under injunctions annually, thereby tripling the current number imposed.

Duncan Lewis Crime Lawyers

Duncan Lewis crime lawyers are available 24/7, 365 days a year to advise at any stage of a criminal charge.

Duncan Lewis crime lawyers regularly visit police stations, courts and prisons – including youth courts and Young Offender Institutions.

For expert legal advice on criminal charges and representation, contact Duncan Lewis crime lawyers on 020 7923 4020.

For out-of-hours legal advice and representation, call the Duncan Lewis Crime Lawyers Out-of-Hours Hotline on 07920 077057.