Violent Crime Reduction Act 2006
| Year | 2006 |
Violent Crime Reduction Act 2006
2006 Chapter 38
An Act 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.
[8th November 2006]
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
Drinking banning orders
Introductory
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 conduct by the subject while he is under the influence of alcohol.
(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
(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—
(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 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.
(5) 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.
2 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 ("the 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.
(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.
Orders made on application
3 Orders on an application to magistrates' court
(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.
(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 other persons from further 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.
(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.
(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).
4 Orders in county court proceedings
(1) This section applies where proceedings have been brought in a county court.
(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 3,
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 whom it would be reasonable for it to make an application under section 3,
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.
(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
(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 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 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—
(a) it is proved that the conditions in section 3(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.
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;
(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 complaint.
(5) The order may not be varied so as to...
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