06235.1-5

House of Commons

Session 2005 - 06
Internet Publications
Other Bills before Parliament

Violent Crime Reduction Bill

LORDS amendments to the
Violent Crime Reduction Bill
[The page and line references are to HL Bill 41, the bill as first printed for the Lords.]
Clause 1
1
Page 2, line 18, leave out subsections (5) and (6)
After Clause 1
2
Insert the following new Clause—


“Duration of drinking banning orders

(1)
A drinking banning order has effect for a period specified in the order (“the

specified period”), which must be not less than two months and not more

than two years.

(2)
A drinking banning order may provide that different prohibitions

contained in the order have effect for different periods; but, in each case,

the period (“prohibition period”) must be not less than two months and not

more than two years.

(3)
A drinking banning order may include provision for—

(a)
the order, or

(b)
a prohibition contained in it,


to cease to have effect before the end of the specified period or the

prohibition period if the subject satisfactorily completes the approved

course specified in the order.

(4)
Provision under subsection (3) must fix the time at which the order or the

prohibition will cease to have effect if the subject satisfactorily completes

the specified approved course as whichever is the later of—

(a)
the time specified in the order in accordance with subsection (5);

and

(b)
the time when he does satisfactorily complete that course.

(5)
The time specified for the purposes of subsection (4)(a) must be a time after

the expiry of at least half the specified period or (as the case may be) the

prohibition period.

Bill 235 54/1

2

(6)
Provision under subsection (3) may be included in a drinking banning

order only if—

(a)
the court making the order is satisfied that a place on the specified

approved course will be available for the subject; and

(b)
the subject has agreed to the inclusion of the provision in question

in the order.

(7)
Before making provision under subsection (3), the court must inform the

subject in ordinary language (whether in writing or otherwise) about—

(a)
the effect of including the provision in the order;

(b)
what, in general terms, attendance on the course will involve if he

undertakes it;

(c)
any fees he will be required to pay for the course if he undertakes

it; and

(d)
when he will have to pay any such fees.

(8)
Where a court makes a drinking banning order which does not include

provision under subsection (3), it must give its reasons for not including

such provision in open court.

(9)
The Secretary of State may by regulations amend subsection (5) so as to

modify the earliest time (after the completion of the specified approved

course) when by virtue of that subsection—

(a)
a drinking banning order, or

(b)
a prohibition contained in such an order,


may cease to have effect.”
Clause 2
3
Page 2, line 37, leave out “relevant” and insert “other”
4
Page 2, line 45, at end insert—

“(6)
Nothing in this section affects the operation of section 127 of the

Magistrates’ Courts Act 1980 (c. 43) (limitation of time in respect of

informations laid or complaints made in magistrates’ court).”
Clause 4
5
Page 4, line 7, leave out from “to” to end of line 8 and insert “a relevant local court”
6
Page 4, line 11, leave out “period for which it has effect” and insert “specified

period”
7
Page 4, line 15, leave out from first “the” to “; or” in line 16 and insert “specified

period”
Clause 7
8
Page 5, line 39, leave out subsection (2)
9
Page 6, line 11, leave out from “to” to end of line 12 and insert “a relevant local

court”
10
Page 6, line 13, leave out “period for which it has effect” and insert “specified

period”
11
Page 6, line 18, leave out from first “the” to “; or” in line 19 and insert “specified

3

period”
Clause 8
12
Page 7, line 8, leave out “justices’ clerk” and insert “proper officer”
13
Page 7, line 9, leave out “clerk” and insert “proper officer”
Clause 10
14
Page 8, line 42, leave out subsection (11)
After Clause 10
15
Insert the following new Clause—


“Approved courses

(1)
If an application is made to the Secretary of State for the approval of a

course for the purposes of section (Duration of drinking banning orders), he

must decide whether to grant or refuse the application.

(2)
In reaching that decision the Secretary of State—

(a)
must have regard to the nature of the course and to whether the

person providing it is an appropriate person both to provide it and

efficiently and effectively to administer its provision; and

(b)
may take into account any recommendations made by persons

appointed by the Secretary of State to consider the application.

(3)
A course may be approved subject to conditions specified by the Secretary

of State.

(4)
The approval of a course—

(a)
is for the period specified by the Secretary of State (which must not

exceed 7 years); and

(b)
may be withdrawn by him at any time.

(5)
Regulations made by the Secretary of State may make provision in relation

to the approval of courses and may, in particular, include—

(a)
provision about the making of applications for approval;

(b)
provision for the payment of fees, of such amounts as are

prescribed by the regulations, in respect of applications for

approval, the giving of approvals, or both;

(c)
provision specifying the maximum fees that a person may be

required to pay for a course and about when fees for courses have

to be paid;

(d)
provision for the monitoring of courses and of persons providing

courses;

(e)
provision about the withdrawal of approvals; and

(f)
provision authorising the Secretary of State (whether on payment of

a fee or otherwise) to make available information about courses and

about persons providing courses.

(6)
The Secretary of State—

(a)
may issue guidance about the conduct of approved courses; and

4

(b)
in exercising the powers and duties conferred or imposed on him

by or under subsections (1) to (5) must have regard to the guidance

under this subsection that is for the time being in force.

(7)
Also, a court must have regard to that guidance in determining what for the

purposes of section (Certificates of completion of approved courses) constitutes

reasonable instructions or reasonable requirements by a person providing

an approved course.”
16
Insert the following new Clause—


“Certificates of completion of approved courses

(1)
For the purposes of section (Duration of drinking banning orders)—

(a)
the subject of a drinking banning order is to be regarded as having

completed an approved course satisfactorily if, and only if, the

person providing the course has given a certificate that the subject

has done so; and

(b)
the time at which the subject is to be regarded as having

satisfactorily completed the course is the time when that certificate

is received by the proper officer of the court that made the order.

(2)
For the purposes of this section a certificate that a person has satisfactorily

completed a course—

(a)
has to be in such form, and

(b)
has to contain such particulars,


as may be specified in, or determined under, regulations made by the

Secretary of State.

(3)
The person providing an approved course must give the subject of a

drinking banning order in which that course is specified a certificate for the

purposes of this section unless that subject—

(a)
has failed to make due payment of fees for the course;

(b)
has failed to attend the course in accordance with the reasonable

instructions of the person providing the course; or

(c)
has failed to comply with any other reasonable requirement of that

person.

(4)
Where a person providing an approved course decides not to give the

subject of a drinking banning order a certificate under subsection (1), he

must give the subject written notice of the decision, setting out the grounds

of the decision.

(5)
The obligation of the person providing an approved course to give, in the

case of the subject of a drinking banning order in which that course is

specified, either—

(a)
a certificate for the purposes of this section, or

(b)
a notice under subsection (4),


must be discharged before the end of 14 days beginning with the day on

which any request to do so is made by that subject.

(6)
The subject of drinking banning order who is given a notice under

subsection (4) or who claims that a request for the purposes of subsection

(5) has not been complied may, within such period as may be prescribed by

rules of court, apply to—

(a)
the court which made the order, or

5

(b)
if that court is not the Crown Court or a relevant local court, to

either the court which made the order or a relevant local court,


for a declaration that there has been a contravention of subsection (3).

(7)
If the court grants the application, the applicant is to be treated for the

purposes of section (Duration of drinking banning orders) as having

satisfactorily completed the course at the time of the making of the

declaration.

(8)
The Secretary of State may by regulations make provision as to—

(a)
the form of a notice under subsection (4); and

(b)
the manner in which such a notice is given and the time to be taken

as the time of the giving of such a notice.”
Clause 11
17
Page 9, line 13, at end insert—

““approved course” means a course approved by the Secretary of State

for the purposes of section (Duration of drinking banning orders);”
18
Page 9, line 22, at end insert—

““proper officer”—

(a)
in relation to a magistrates’ court, means the justices’ clerk;

and

(b)
in relation to any other court, means the clerk of the court;”
19
Page 9, line 26, at end insert—

““relevant local court”, in relation to a drinking banning order, means

a magistrates’ court acting for the local justice area in which the

subject normally resides;

“specified period”, in relation to a drinking banning order, means the

period specified in the order for the purposes of section (Duration of

drinking banning orders)(1) as the period for which the order is to

have effect;”
20
Page 9, leave out lines 27 to 36
21
Page 9, line 43, leave out from “damage” to end of line 44
22
Page 10, line 1, leave out subsection (4) and insert—

“(4)
A power of the Secretary of State to make an order or regulations under this

Chapter shall be exercisable by statutory instrument.”
23
Page 10, line 4, leave out “That power” and insert “Every such power”
24
Page 10, line 9, at end insert—

“( )
No regulations shall be made under section (Duration of drinking banning

orders) unless a draft of the regulations has been laid before Parliament and

approved by a resolution of each House.

( )
A statutory instrument containing—

(a)
regulations under section (Approved courses) or (Certificates of

completion of approved courses), or

(b)
an order under section 10 or this section,


shall be subject to annulment in pursuance of a resolution of either House

of Parliament.”