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| | Tuesday 18th October 2005 |
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| | Violent Crime Reduction Bill
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| | [second and third Sittings]
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| | | Another Amendment (No. 5) proposed, in page 1, line 10, to leave out the words ‘or |
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| | | disorderly’—(Mr Humfrey Malins). |
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| | Clause 1, page 1, line 11, leave out ‘while’ and insert ‘whether or not’. |
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| | Clause 1, page 1, line 11, at end insert ‘and may impose conditions requiring the |
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| | subject to take steps necessary to rehabilitate the subject’. |
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| | Clause 1, page 1, line 12, leave out ‘must’ and insert ‘may’. |
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| | Clause 1, page 1, line 13, after ‘considers’, insert ‘appropriate and’. |
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| | Clause 1, page 1, line 13, leave out ‘that purpose’ and insert ‘the purpose |
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| | mentioned in subsection (2)’. |
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| | Clause 1, page 2, line 2, after ‘retail’, insert ‘for consumption on the premises’. |
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| | Clause 1, page 2, line 14, after ‘training’, insert ‘or playing sport’. |
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| | Clause 1, page 2, line 17, at end insert— |
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| | | ‘(4A) | Before making a drinking banning order, a court must receive a report from an |
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| | | appropriate officer about the proposed subject of the order, which contains |
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| | | information about the subject and, in particular, about whether there is any reason |
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| | | to suspect that he may be— |
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| | | (a) | suffering from substance addiction (including alcohol dependence); |
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| | | (b) | a person falling within section 1 of the Mental Health Act 1983 (c. 20); or |
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| | | (c) | suffering from any other recognised physical or mental illness or |
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| | | condition which could either— |
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| | | (i) | affect his ability to restrict his intake of alcohol; |
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| | | (ii) | cause him to engage in criminal conduct while under the |
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| | | (iii) | affect his ability to comply with a drinking banning order. |
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| | | (4B) | In subsection (5) above “an appropriate officer” means— |
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| | | (a) | where the proposed subject is aged 18 or over, an officer of the National |
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| | | Offender Management Service or a social worker of a local authority |
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| | | social services department, or |
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| | | (b) | where the proposed subject is aged under 18, a social worker of a local |
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| | | authority social services department or a member of a youth offending |
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| | | (4C) | If the court determines that the proposed subject of a drinking banning order may |
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| | | be a person falling within subsection 5(a) to (c) above, the court shall not make a |
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| | | drinking banning order unless satisfied, on receipt of medical evidence, that— |
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| | | (a) | his ability to understand and comply with the order will not be |
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| | | significantly restricted by reason of his being a person falling within |
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| | | subsection (5)(a) to (c) above; and |
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| | | (b) | compliance with the order, either alone or in combination to any other |
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| | | order or sentence to which he is subject, would not have a deleterious |
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| | | effect upon his mental or physical health.’. |
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| | Clause 1, page 2, line 17, at end insert ‘; or |
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| | | (e) | from fulfilling dietary requirements.’. |
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| | Clause 1, page 2, line 17, at end insert ‘; or |
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| | | (e) | from attending his normal place of worship.’. |
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| | Clause 1, page 2, line 18, leave out ‘two’ and insert ‘six’. |
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| | Clause 1, page 2, line 21, leave out ‘two’ and insert ‘six’. |
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| | Clause 2, page 2, line 32, leave out ‘16’ and insert ‘18’. |
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| | Clause 2, page 2, line 32, leave out ‘16’ and insert ‘15’. |
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| | Clause 2, page 2, line 35, leave out ‘or disorderly’. |
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| | Clause 2, page 2, line 41, leave out subsection (4). |
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| | Clause 2, page 2, line 44, after ‘proved’, insert ‘to the criminal standard’. |
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| | Clause 2, page 2, line 44, after ‘proved’, insert ‘beyond reasonable doubt’. |
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| | Clause 2, page 2, line 45, at end insert— |
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| | | (a) | an application under this section, or |
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| | | (b) | proceedings for breach of an order pursuant to section 10, |
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| | | | shall be entitled to legal aid for the purposes of representation.’. |
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| | Clause 3, page 3, line 15, after ‘proceedings’, insert ‘, which shall be heard by a |
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| | County Court judge within seven days of the application,’. |
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| | Clause 3, page 3, line 21, leave out ‘ or disorderly’. |
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| | Clause 3, page 3, line 40, leave out ‘or disorderly’. |
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| | Clause 4, page 4, line 10, at end insert ‘and cannot be made until the expiry of one |
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| | quarter of the period of the order.’. |
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| | Clause 4, page 4, line 14, leave out paragraph (a) and insert— |
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| | | ‘(a) | the court is satisfied that there has been a change in curcumstances such |
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| | | that either the order is no longer necessary, or that it is no longer |
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| | | appropriate, or both; or’. |
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| | Clause 5, page 4, line 34, leave out subsection (5). |
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| | Clause 6, page 5, line 6, leave out from ‘court’ to end of line 7 and insert ‘must |
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| | issue a warrant without bail for his arrest.’. |
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| | Clause 6, page 5, line 9, leave out ‘adequate’ and insert ‘14 days,’. |
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| | Clause 6, page 5, line 15, leave out subsections (8) and (9). |
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| | Clause 7, page 6, line 2, leave out ‘or disorderly’. |
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| | Clause 8, page 6, line 43, leave out subsection (3) and insert— |
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| | | ‘(3) | Where this section applies by virtue of subsection (1)(a), an application for an |
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| | | interim order against an individual— |
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| | | (a) | may be made without notice being given to that individual, and |
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| | | (b) | may be heard in the absence of that individual.’. |
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| | Clause 8, page 6, line 43, after ‘may’, insert ‘not’. |
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| | Clause 8, page 6, line 44, leave out from ‘made’ to end of line 44 and insert ‘after |
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| | the expiry of 24 hours following notice in writing being served on the individual.’. |
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| | Clause 8, page 6, line 44, at end insert— |
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| | | ‘(3A) | But an interim order shall not take effect until the subject of the order has been |
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| | | served with a copy of the order.’. |
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| | Clause 8, page 7, line 1, after ‘making’, insert ‘or hearing’. |
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| | Clause 8, page 7, line 3, leave out ‘or before the Crown Court or’. |
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| | Clause 8, page 7, line 5, leave out ‘or of proceedings in such a court’. |
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| | Clause 8, page 7, line 8, after ‘satisfied’, insert ‘(a)’. |
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| | Clause 8, page 7, line 9, at end insert— |
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| | | ‘(b) | that it is not necessary for the application to be heard in the presence of |
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| | Clause 8, page 7, line 15, leave out subsection (7). |
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| | Clause 8, page 7, line 22, at end insert— |
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| | | ‘(7A) | Before renewing an interim order under this section, the court must be satisfied |
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| | | that it is just so to do. In considering whether it is just so to do, the court must |
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| | | (a) | the seriousness of the conduct alleged; |
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| | | (b) | any evidential or other difficulties experienced by the applicant; and |
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| | | (c) | whether the effect of the renewal will be to rob the final proceedings of |
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| | | Clause, as amended, Agreed to. |
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| | Clause 9, page 7, line 30, after ‘magistrates’, insert ‘or county’. |
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| | Clause 9, page 7, line 31, after ‘2’, insert ‘, 3’. |
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| | Clause 10, page 8, line 1, after ‘person’, insert ‘aged 18 years and above’. |
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