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Violent Crime Reduction Bill


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

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5       

Variation or discharge of orders under s. 3 or 4

(1)   

This section applies to a drinking banning order made under section 3 or 4.

(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 3 made by a magistrates’ court, the

reference in subsection (2) to the court which made the order includes a

reference to a relevant local court.

(4)   

An application under subsection (2) to a magistrates’ court has to be made by

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complaint.

(5)   

The order may not be varied so as to extend the specified period to more than

two years.

(6)   

The order may not be discharged unless—

(a)   

it is discharged from a time after the end of the period that is half the

15

duration of the specified period; or

(b)   

the relevant authority on whose application the order was made has

consented to its earlier discharge.

Orders made on conviction

6       

Orders on conviction in criminal proceedings

20

(1)   

This section applies where—

(a)   

an individual aged 16 or over is convicted of an offence (the

“offender”); and

(b)   

at the time he committed the offence, he was under the influence of

alcohol.

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(2)   

The court must consider whether the conditions in section 3(2) are satisfied in

relation to the offender.

(3)   

If the court decides that the conditions are satisfied in relation to the offender,

it may make a drinking banning order against him.

(4)   

If the court—

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(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.

(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.

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7       

Supplementary provision about orders on conviction

(1)   

For the purpose of deciding whether to make a drinking banning order under

section 6 the court may consider evidence led by the prosecution and evidence

led by the defence.

 
 

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

6

 

(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 6 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.

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(4)   

The court may adjourn any proceedings in relation to a drinking banning order

under section 6 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 6 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 6 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)

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(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.

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(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 6 of the Violent Crime Reduction Act 2006 (orders on

conviction in criminal proceedings)”.

(11)   

In this section and section 6 “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.

8       

Variation or discharge of orders under s. 6

(1)   

The following persons may apply to the court which made a drinking banning

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order under section 6 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.

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(2)   

If the subject makes an application under subsection (1), he must also send

notice of his application to the Director of Public Prosecutions.

 
 

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

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(3)   

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.

(4)   

In the case of an order under section 6 made by a magistrates’ court, the

reference in subsection (1) to the court which made the order includes a

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reference to a relevant local court.

(5)   

An order under section 6 may not be varied so as to extend the specified period

to more than two years.

(6)   

No order under section 6 is to be discharged on an application under

subsection (1)(a) unless—

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(a)   

it is discharged from a time after the end of the period that is half the

duration of the specified period; or

(b)   

the Director of Public Prosecutions has consented to its earlier

discharge.

(7)   

In section 3 of the Prosecution of Offences Act 1985 (c. 23) (functions of the

15

Director of Public Prosecutions), in subsection (2) after paragraph (fc) insert—

“(fd)   

where it appears to him appropriate to do so, to have the

conduct of applications under section 8(1)(b) of the Violent

Crime Reduction Act 2006 for the variation or discharge of

orders made under section 6 of that Act;

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(fe)   

where it appears to him appropriate to do so, to appear on any

application under section 8(1)(a) of that Act by a person subject

to an order under section 6 of that Act for the variation or

discharge of the order.”

Supplemental provisions about drinking banning orders

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9       

Interim orders

(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 6 to consider whether the

conditions for making a drinking banning order are satisfied.

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(2)   

Before—

(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.

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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

40

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 proper officer.

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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)   

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

5

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

10

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;

15

(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 6.

(8)   

Section 5 applies in relation to an interim order made in a case falling within

20

subsection (1)(a) as it applies in relation to a drinking banning order made

under section 3 or 4, but with the omission of section 5(5) and (6).

(9)   

Section 8 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 6, but with the omission of section 8(5) and (6).

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10      

Appeals

(1)   

An appeal lies to the Crown Court against the making by a magistrates’ court

of a drinking banning order under section 3 or 6.

(2)   

On such an appeal the Crown Court—

(a)   

may make such orders as may be necessary to give effect to its

30

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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treated for the purposes of sections 5 and 8 as an order of the magistrates’ court

from which the appeal was brought.

11      

Breach of drinking banning orders

(1)   

If the subject of a drinking banning order or of an interim order does, without

reasonable excuse, anything that he is prohibited from doing by the order, he

40

is guilty of an offence.

(2)   

A person guilty of an offence under subsection (1) shall be liable, on summary

conviction, to a fine not exceeding level 4 on the standard scale.

 
 

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

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(3)   

If a person is convicted of an offence under subsection (1), it is not open to the

court by or before which he is convicted to make an order under subsection

(1)(b) (conditional discharge) of section 12 of the Powers of Criminal Courts

(Sentencing) Act 2000 (c. 6).

(4)   

A local authority may bring proceedings for an offence under subsection (1).

5

(5)   

The Secretary of State may by order provide that a person of a description

specified in the order may bring proceedings for an offence under subsection

(1) in such cases and such circumstances as may be prescribed by the order.

(6)   

In proceedings for an offence under subsection (1), a copy of the original

drinking banning order or interim order, certified as such by the proper officer

10

of the court which made it, is admissible as evidence—

(a)   

of its having been made, and

(b)   

of its contents,

   

to the same extent that oral evidence of those things is admissible in those

proceedings.

15

(7)   

If proceedings for an offence under subsection (1) are brought in a youth court,

section 47(2) of the Children and Young Persons Act 1933 (c. 12) has effect as if

the persons entitled to be present for the purposes of those proceedings

included one person authorised to be present by a relevant authority.

(8)   

In relation to proceedings brought against a young person for an offence under

20

subsection (1)—

(a)   

section 49 of the Children and Young Persons Act 1933 (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 proceedings are brought; and

25

(b)   

section 45 of the Youth Justice and Criminal Evidence Act 1999 (c. 23)

(power to restrict reporting on criminal proceedings involving persons

under 18) does so apply.

(9)   

If, in relation to any such proceedings, the court does exercise its power to give

a direction under section 45 of the Youth Justice and Criminal Evidence Act

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1999, it must give its reasons for doing so.

(10)   

Subject to paragraph 2(2) of Schedule 2 to the Youth Justice and Criminal

Evidence Act 1999, until section 45 of that Act comes into force, the references

to it in this section are to be read as references to section 39 of the Children and

Young Persons Act 1933 (power to prohibit publication of certain matters).

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(11)   

The power of the Secretary of State to make an order under this section is

exercisable by statutory instrument subject to annulment pursuant to a

resolution of either House of Parliament.

12      

Approved courses

(1)   

If an application is made to the Secretary of State for the approval of a course

40

for the purposes of section 2, 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

45

and effectively to administer its provision; and

 
 

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

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(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—

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(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—

10

(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

15

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

20

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

(b)   

in exercising the powers and duties conferred or imposed on him by or

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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 13 constitutes reasonable instructions or reasonable

requirements by a person providing an approved course.

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13      

Certificates of completion of approved courses

(1)   

For the purposes of section 2

(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;

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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

40

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.

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

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(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

5

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

10

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

15

(b)   

a notice under subsection (4),

   

must be discharged not later than 14 days of any request to do so by that

subject.

(6)   

The subject of a 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

20

complied with may, within such period as may be prescribed by rules of court,

apply to—

(a)   

the court which made the order, or

(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,

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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 2 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—

30

(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.

14      

Interpretation of Chapter 1

(1)   

In this Chapter—

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“appropriate persons”, in relation to an application for a drinking banning

order or an application referred to in section 4(6)(b) or (c), means such

of the following as is not a party to the application—

(a)   

the chief officer of police of the police force for the police area

where the conduct to which the application relates occurred;

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(b)   

the chief officer of police of the police force for the police area in

which the individual to whose conduct the application relates

normally resides;

(c)   

every local authority in whose area the place where that

individual normally resides is situated; and

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(d)   

the Chief Constable of the British Transport Police Force;

 
 

 
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