Violent Crime Reduction Bill

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Violent Crime Reduction Bill

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 1 — Drinking banning orders
1

A
Bill
[AS AMENDED IN STANDING COMMITTEE B]
To
Make provision for reducing and dealing with the abuse of alcohol; to make
provision about real and imitation firearms, about ammunition and about
knives and other weapons; to amend the Football Spectators Act 1989 and the
Football (Disorder) Act 2000; to amend the Sexual Offences Act 2003 and
section 8 of the Crime and Disorder Act 1998; to amend section 23 of the
Children and Young Persons Act 1969; to amend the Mobile Telephones (Re-
programming) Act 2002; and for connected purposes.
Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
Part 1
Alcohol-related violence and disorder
Chapter 1
Drinking banning orders
Introductory
5
1
Drinking banning orders
(1)
A drinking banning order is an order that prohibits the individual against
whom it is made (“the subject”) from doing the things described in the order.
(2)
Such an order may impose any prohibition on the subject which is necessary
for the purpose of protecting other persons from criminal or disorderly
10
conduct by the subject while he is under the influence of alcohol.

Bill 66 54/1

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 1 — Drinking banning orders
2

(3)
The prohibitions imposed by such an order must include such prohibition as
the court making it considers necessary, for that purpose, on the subject’s
entering—
(a)
premises in respect of which there is a premises licence authorising the
use of the premises for the sale of alcohol by retail; and
5
(b)
premises in respect of which there is a club premises certificate
authorising the use of the premises for the supply of alcohol to
members or guests.
(4)
A drinking banning order may not impose a prohibition on the subject that
prevents him—
10
(a)
from having access to a place where he resides;
(b)
from attending at any place which he is required to attend for the
purposes of any employment of his or of any contract of services to
which he is a party;
(c)
from attending at any place which he is expected to attend during the
15
period for which the order has effect for the purposes of education or
training or for the purpose of receiving medical treatment; or
(d)
from attending at any place which he is required to attend by any
obligation imposed on him by or under an enactment or by the order of
a court or tribunal.
20
(5)
A drinking banning order has effect for a period (not less than two months and
not more than two years) specified in the order.
(6)
A drinking banning order may provide that different prohibitions have effect
for different periods, but in each case that period must be not less than two
months and not more than two years.
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(7)
Expressions used in subsection (3) and in the Licensing Act 2003 (c. 17) or in a
Part of that Act have the same meanings in that subsection as in that Act or
Part.
Orders made on application
2
Orders on an application to magistrates’ court
30
(1)
An application to a magistrates’ court for the making of a drinking banning
order against an individual may be made by a relevant authority if—
(a)
it appears to the authority that the conditions in subsection (2) are
satisfied with respect to the individual; and
(b)
the individual is aged 16 or over.
35
(2)
The conditions are—
(a)
that the individual has, after the commencement of this section,
engaged in criminal or disorderly conduct while under the influence of
alcohol; and
(b)
that such an order is necessary to protect relevant persons from further
40
conduct by him of that kind while he is under the influence of alcohol.
(3)
An application under this section to a magistrates’ court has to be made by
complaint.
(4)
Before making an application under this section, a relevant authority must
consult the appropriate persons.
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Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 1 — Drinking banning orders
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(5)
If, on an application under this section with respect to an individual, it is
proved that the conditions in subsection (2) are satisfied in his case, the
magistrates’ court may make a drinking banning order against him.
3
Orders in county court proceedings
(1)
This section applies where proceedings have been brought in a county court.
5
(2)
If a relevant authority—
(a)
is a party to the proceedings, and
(b)
considers that another party to the proceedings is an individual in
relation to whom it would be reasonable for it to make an application
under section 2,
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it may make an application in the proceedings for a drinking banning order
against the individual.
(3)
If a relevant authority—
(a)
is not a party to the proceedings, and
(b)
considers that a party to the proceedings is an individual in relation to
15
whom it would be reasonable for it to make an application under
section 2,

it may make an application to be joined to those proceedings for the purposes
of this section and (if it is joined) may apply for a drinking banning order
against the individual.
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(4)
Subsection (5) applies if a relevant authority is a party to the proceedings and
considers that—
(a)
an individual who is not a party to the proceedings has engaged in
criminal or disorderly conduct while under the influence of alcohol;
and
25
(b)
that conduct is material in relation to the proceedings.
(5)
The relevant authority—
(a)
may make an application for the individual to be joined for the
purposes of this section; and
(b)
if that individual is joined, may apply for a drinking banning order
30
against him.
(6)
A relevant authority must consult the appropriate persons—
(a)
before making an application for a drinking banning order under
subsection (2);
(b)
before making an application to be joined to proceedings under
35
subsection (3);
(c)
before making an application to join an individual to proceedings
under subsection (5).
(7)
If, on an application under this section for a drinking banning order against an
individual—
40
(a)
it is proved that the conditions in section 2(2) are satisfied in relation to
the individual, and
(b)
his criminal or disorderly conduct while under the influence of alcohol
is material in relation to the proceedings,

the court may make a drinking banning order against him.
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Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 1 — Drinking banning orders
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4
Variation or discharge of orders under section 2 or 3
(1)
This section applies to a drinking banning order made under section 2 or 3.
(2)
The following persons may apply to the court which made the order for it to be
varied or discharged by a further order—
(a)
the subject;
5
(b)
the relevant authority on whose application the order was made.
(3)
In the case of an order under section 2 made by a magistrates’ court, the
reference in subsection (2) to the court which made the order includes a
reference to any magistrates’ court acting in the same local justice area as that
court.
10
(4)
An application under subsection (2) to a magistrates’ court has to be made by
complaint.
(5)
The order may not be varied so as to extend the period for which it has effect
to more than two years.
(6)
The order may not be discharged unless—
15
(a)
it is discharged from a time after the end of the period that is half the
duration of the period specified in the order in accordance with section
1(5); or
(b)
the relevant authority on whose application the order was made has
consented to its earlier discharge.
20
Orders made on conviction
5
Orders on conviction in criminal proceedings
(1)
This section applies where—
(a)
an individual aged 16 or over is convicted of an offence (the
“offender”); and
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(b)
at the time he committed the offence, he was under the influence of
alcohol.
(2)
The court must consider whether the conditions in section 2(2) are satisfied in
relation to the offender.
(3)
If the court decides that the conditions are satisfied in relation to the offender,
30
it may make a drinking banning order against him.
(4)
If the court—
(a)
decides that the conditions are satisfied in relation to the offender, but
(b)
does not make a drinking banning order,

it must give its reasons for not doing so in open court.
35
(5)
If the court decides that the conditions are not satisfied in relation to the
offender, it must state that fact in open court and give its reasons.
6
Supplementary provision about orders on conviction
(1)
For the purpose of deciding whether to make a drinking banning order under
section 5 the court may consider evidence led by the prosecution and evidence
40
led by the defence.

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 1 — Drinking banning orders
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(2)
It is immaterial whether the evidence would have been admissible in the
proceedings in which the offender was convicted.
(3)
A drinking banning order under section 5 must not be made except—
(a)
in addition to a sentence imposed in respect of the offence; or
(b)
in addition to an order discharging the offender conditionally.
5
(4)
The court may adjourn any proceedings in relation to a drinking banning order
under section 5 even after sentencing the offender.
(5)
If the offender does not appear for any adjourned proceedings, the court may
further adjourn the proceedings or may issue a warrant for his arrest.
(6)
But the court may not issue a warrant for the offender’s arrest unless it is
10
satisfied that he has had adequate notice of the time and place of the adjourned
proceedings.
(7)
A drinking banning order under section 5 takes effect on—
(a)
the day on which it is made; or
(b)
if on that day the offender is detained in legal custody, the day on
15
which he is released from that custody.
(8)
Subsection (9) applies in relation to proceedings in which a drinking banning
order is made under section 5 against a young person.
(9)
In so far as the proceedings relate to the making of the order—
(a)
section 49 of the Children and Young Persons Act 1933 (c. 12)
20
(restrictions on reports of proceedings in which children and young
persons are concerned) does not apply in respect of the young person
against whom the order is made; and
(b)
section 39 of that Act (power to prohibit publication of certain matters)
does so apply.
25
(10)
In section 3(2)(fa) of the Prosecution of Offences Act 1985 (c. 23) (functions of
the Director), after the first occurrence of “conviction of certain offences)”
insert “, section 5 of the Violent Crime Reduction Act 2005 (orders on
conviction in criminal proceedings)”.
(11)
In this section and section 5 “the court” in relation to an offender means—
30
(a)
the court by or before which he is convicted of the offence; or
(b)
if he is committed to the Crown Court to be dealt with for the offence,
the Crown Court.
7
Variation or discharge of orders under section 5
(1)
The following persons may apply to the court which made a drinking banning
35
order under section 5 for the order to be varied or discharged by a further
order—
(a)
the subject;
(b)
the Director of Public Prosecutions; or
(c)
a relevant authority.
40
(2)
But a relevant authority may make an application under subsection (1) only if
it appears to it that—
(a)
in the case of variation, the protection of relevant persons from criminal
or disorderly conduct of the subject while he is under the influence of

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 1 — Drinking banning orders
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alcohol would be more appropriately effected by a variation of the
order;
(b)
in the case of discharge, that it is no longer necessary by means of such
an order to protect relevant persons from criminal or disorderly
conduct by the subject while he is under the influence of alcohol.
5
(3)
If the subject makes an application under subsection (1), he must also send
notice of his application to the Director of Public Prosecutions.
(4)
If the Director of Public Prosecutions or a relevant authority makes an
application under subsection (1), he or it must also send notice of the
application to the subject.
10
(5)
In the case of an order under section 5 made by a magistrates’ court, the
reference in subsection (1) to the court which made the order includes a
reference to any magistrates’ court acting in the same local justice area as that
court.
(6)
An order under section 5 may not be varied so as to extend the period for which
15
it has effect to more than two years.
(7)
No order under section 5 is to be discharged on an application under
subsection (1)(a) unless—
(a)
it is discharged from a time after the end of the period that is half the
duration of the period specified in the order in accordance with section
20
1(5); or
(b)
the Director of Public Prosecutions has consented to its earlier
discharge.
(8)
In section 3 of the Prosecution of Offences Act 1985 (c. 23) (functions of the
Director of Public Prosecutions), in subsection (2) after paragraph (fc) insert—
25
“(fd)
where it appears to him appropriate to do so, to have the
conduct of applications under section 7(1)(b) of the Violent
Crime Reduction Act 2005 for the variation or discharge of
orders made under section 5 of that Act;
(fe)
where it appears to him appropriate to do so, to appear on any
30
application under section 7(1)(a) by a person subject to an order
under section 5 of that Act for the variation or discharge of the
order.”
Supplemental provisions about drinking banning orders
8
Interim orders
35
(1)
This section applies in each of the following cases—
(a)
where an application is made for a drinking banning order;
(b)
where the court is required under section 5 to consider whether the
conditions for making a drinking banning order are satisfied.
(2)
Before—
40
(a)
determining the application, or
(b)
considering whether the conditions are satisfied,

the court may make an order under this section (“an interim order”) if it
considers that it is just to do so.

Violent Crime Reduction Bill
Part 1 — Alcohol-related violence and disorder
Chapter 1 — Drinking banning orders
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(3)
Where this section applies by virtue of subsection (1)(a), an application for an
interim order against an individual—
(a)
may be made without notice being given to that individual; and
(b)
may be heard in the absence of that individual.
(4)
The following permission is required for the making or hearing of an
5
application in accordance with subsection (3)—
(a)
in the case of proceedings in the county court, the permission of the
court; and
(b)
in the case of an application to a magistrates’ court, the permission of
the justices’ clerk.
10
(5)
Permission may only be given under subsection (4) if the court or clerk is
satisfied—
(a)
that it is necessary for the application to be made without notice being
given to the individual in question; and
(b)
that it is not necessary for the application to be heard in the presence of
15
the individual.
(6)
An interim order—
(a)
may contain any provision that may be contained in a drinking banning
order; but
(b)
has effect, unless renewed, only for such fixed period of not more than
20
four weeks as may be specified in the order.
(7)
An interim order—
(a)
may be renewed (on one or more occasions) for a period of not more
than four weeks from the end of the period when it would otherwise
cease to have effect;
25
(b)
must cease to have effect (if it has not previously done so) on the
determination of the application mentioned in subsection (1)(a) or on
the court’s making its decision whether to make a drinking banning
order under section 5.
(8)
Section 4 applies in relation to an interim order made in a case falling within
30
subsection (1)(a) as it applies in relation to a drinking banning order made
under section 2 or 3, but with the omission of section 4(5) and (6).
(9)
Section 7 applies in relation to an interim order made in a case falling within
subsection (1)(b) as it applies in relation to a drinking banning order made
under section 5, but with the omission of section 7(6) and (7).
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9
Appeals
(1)
An appeal lies to the Crown Court against the making by a magistrates’ court
of a drinking banning order under section 2 or 5.
(2)
On such an appeal the Crown Court—
(a)
may make such orders as may be necessary to give effect to its
40
determination of the appeal;
(b)
may also make such incidental or consequential orders as appear to it
to be just.
(3)
An order of the Crown Court made on an appeal under this section (other than
one directing that an application be re-heard by a magistrates’ court) shall be
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