Supplementary memorandum submitted by
the Home Office
Q70 (Mr Field):
— Birkenhead currently operate a no
alcohol enforcement zone in the area of the court house. This
allows a police officer if he believes that a person is or has
been consuming alcohol, in the zone, to require the person not
to consume alcohol and surrender any alcohol. There are no known
incidents of defendants being prevented from attending the court
house.
— However if a defendant attends court
under the influence of alcohol or drugs and is disruptive, security
officers can under, section 77 Criminal Justice Act 1991, exclude
or remove any person from the court house, where it is reasonably
necessary to do so in order to maintain order in the court house;
to enable court business to be carried on without interference
or delay; and to secure his or any other person's safety. At Birkenhead,
when a defendant is refused entry, the information is provided
to the Legal Advisor and magistrates, the defence solicitor is
informed and asked to talk to the defendant. The matter of the
defendant's non attendance would be brought before the bench,
and the magistrates would make a decision whether to hear the
matter in his absence or adjourn the matter.
— There is only one case of the police
having to attend the court house at a request of the security
officers. The defendant was arrested and charged with being drunk
and disorderly.
— The problem of the defendant attending
court under the influence of alcohol or drugs has not been reported
as an issue in any other area of Merseyside.
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