Violent Crime Reduction Act 2006 - legislation

1 Violent CrimeReduction Act 2006 chapter 38 Explanatory Notes have been produced to assist in theunderstanding of this Act and are available separately 13 50 Violent Crime Reduction Act 2006 chapter 38 CONTENTSPART 1 ALCOHOL-RELATED VIOLENCE AND DISORDERCHAPTER 1 DRINKING BANNING ORDERSI ntroductory1 Drinking banning orders2 Duration of drinking banning ordersOrders made on application3 Orders on an application to magistrates court4 Orders in county court proceedings5 Variation or discharge of orders under s. 3 or 4 Orders made on conviction6 Orders on conviction in criminal proceedings7 Supplementary provision about orders on conviction8 Variation or discharge of orders under s. 6 Supplemental provisions about drinking banning orders9 Interim orders10 Appeals11 Breach of drinking banning orders12 Approved courses13 Certificates of completion of approved courses14 Interpretation of chapter 1 Violent Crime Reduction Act 2006 (c. 38)iiCHAPTER 2 ALCOHOL DISORDER ZONES15 Power to impose charges on licence holders etc.

2 In zones16 Designation of alcohol disorder zones17 Procedure for designation of zones18 Functions of local chief officer of police19 Guidance about the designation of zones20 Supplemental provisions for chapter 2 chapter 3 OTHER PROVISIONSL icence reviews21 Power of police to require review of premises licence22 Provisions supplemental to s. 21 Persistently selling alcohol to children23 Offence of persistently selling alcohol to children24 Closure notices for persistently selling alcohol to childrenDoor supervision at licensed premises25 Mandatory premises licence condition: door supervisionAlcohol related disorder in public places26 Designated public places27 Directions to individuals who represent a risk of disorderPART 2 WEAPONS weapons28 Using someone to mind a weapon29 Penalties etc. for offence under s. 28 Minimum sentences for firearms offences30 Minimum sentences for certain firearms offencesAir weapons31 Prohibition on sale or transfer of air weapons except by registered dealers32 Sales of air weapons by way of trade or business to be face to face33 Age limits for purchase etc.

3 Of air weapons34 Firing an air weapon beyond premisesViolent Crime Reduction Act 2006 (c. 38)iiiAmmunition35 Restriction on sale and purchase of primersImitation firearms36 Manufacture, import and sale of realistic imitation firearms37 Specific defences applying to the offence under s. 3638 Meaning of realistic imitation firearm 39 Specification for imitation firearms40 Supplying imitation firearms to minors41 Increase of maximum sentence for possessing an imitation firearmKnives, of maximum sentences for offences of having knives etc. of knives and other weapons44 Sale etc. of crossbows45 Power of members of staff to search school pupils for weapons46 Power to search further education students for weapons47 Power to search persons in attendance centres for weapons48 Amendment of police power to search schools etc. for weaponsSupplemental49 Consequential amendments relating to minimum sentences50 Supplemental provisions for Part 251 Corresponding provision for Northern IrelandPART 3 MISCELLANEOUSF ootball52 Football-related disorder53 Sale and disposal of tickets by unauthorised personsSexual offences54 Forfeiture and detention of vehicles of sexual offences law56 Cross-border provisions relating to sexual offences57 Amendment of s.

4 82 of the Sexual Offences Act 200358 Power of entry and search of relevant offender s home addressOther59 Limitation period for anti-social behaviour orders60 Parenting orders61 Committal of young persons of unruly character62 Offering or agreeing to re-programme a mobile telephone63 Removal of sports grounds etc. from private security industry regulationViolent Crime Reduction Act 2006 (c. 38)ivPART 4 GENERAL64 Expenses65 Repeals66 Short title, commencement and extentSchedule 1 Consequential amendments relating to minimum sentencesSchedule 2 Weapons etc.: corresponding provisions for Northern IrelandSchedule 3 Football banning orders and football-related consequentialamendmentsPart 1 Football banning ordersPart 2 Consequential AmendmentsSchedule 4 Forfeiture and detention of vehicles 5 RepealsELIZABETH IIc. 38 Violent Crime Reduction Act 20062006 chapter 38An Act to make provision for reducing and dealing with the abuse of alcohol;to make provision about real and imitation firearms, about ammunition andabout knives and other weapons; to amend the Football Spectators Act 1989and the Football (Disorder) Act 2000; to amend the Sexual Offences Act 2003and section 8 of the Crime and Disorder Act 1998; to amend section 23 of theChildren and Young Persons Act 1969; to amend the Mobile Telephones (Re-programming) Act 2002; and for connected purposes.

5 [8th November 2006 ]E IT ENACTED by the Queen s most Excellent Majesty, by and with the advice andconsent of the Lords Spiritual and Temporal, and Commons, in this presentParliament assembled, and by the authority of the same, as follows: PART 1 ALCOHOL-RELATED VIOLENCE AND DISORDERCHAPTER 1 DRINKING BANNING ORDERSI ntroductory1 Drinking banning orders (1)A drinking banning order is an order that prohibits the individual againstwhom 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 necessaryfor the purpose of protecting other persons from criminal or disorderlyconduct by the subject while he is under the influence of Crime Reduction Act 2006 (c. 38)Part 1 Alcohol-related violence and disorderChapter 1 Drinking banning orders2(3)The prohibitions imposed by such an order must include such prohibition asthe court making it considers necessary, for that purpose, on the subject sentering (a)premises in respect of which there is a premises licence authorising theuse of the premises for the sale of alcohol by retail; and(b)premises in respect of which there is a club premises certificateauthorising the use of the premises for the supply of alcohol tomembers or guests.

6 (4)A drinking banning order may not impose a prohibition on the subject thatprevents him (a)from having access to a place where he resides;(b)from attending at any place which he is required to attend for thepurposes of any employment of his or of any contract of services towhich he is a party;(c)from attending at any place which he is expected to attend during theperiod for which the order has effect for the purposes of education ortraining or for the purpose of receiving medical treatment; or(d)from attending at any place which he is required to attend by anyobligation imposed on him by or under an enactment or by the order ofa court or tribunal.(5)Expressions used in subsection (3) and in the Licensing Act 2003 (c. 17) or in aPart of that Act have the same meanings in that subsection as in that Act of drinking banning orders(1)A drinking banning order has effect for a period specified in the order ( thespecified period ), which must be not less than two months and not more thantwo years.

7 (2)A drinking banning order may provide that different prohibitions contained inthe order have effect for different periods; but, in each case, the period ( theprohibition period ) must be not less than two months and not more than twoyears.(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 prohibitionperiod if the subject satisfactorily completes the approved course specified inthe order .(4)Provision under subsection (3) must fix the time at which the order or theprohibition will cease to have effect if the subject satisfactorily completes thespecified 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 theexpiry of at least half the specified period or (as the case may be) theprohibition Crime Reduction Act 2006 (c.)

8 38)Part 1 Alcohol-related violence and disorderChapter 1 Drinking banning orders3(6)Provision under subsection (3) may be included in a drinking banning orderonly if (a)the court making the order is satisfied that a place on the specifiedapproved course will be available for the subject; and(b)the subject has agreed to the inclusion of the provision in question inthe order .(7)Before making provision under subsection (3), the court must inform thesubject 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 heundertakes 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 includeprovision under subsection (3), it must give its reasons for not including suchprovision in open court.

9 (9)The Secretary of State may by regulations amend subsection (5) so as to modifythe earliest time (after the completion of the specified approved course) whenby virtue of that subsection (a)a drinking banning order , or(b)a prohibition contained in such an order ,may cease to have made on application3 Orders on an application to magistrates court(1)An application to a magistrates court for the making of a drinking banningorder against an individual may be made by a relevant authority if (a)it appears to the authority that the conditions in subsection (2) aresatisfied 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 ofalcohol; and(b)that such an order is necessary to protect other persons from furtherconduct by him of that kind while he is under the influence of alcohol.

10 (3)An application under this section to a magistrates court has to be made bycomplaint.(4)Before making an application under this section, a relevant authority mustconsult the appropriate persons.(5)If, on an application under this section with respect to an individual, it isproved that the conditions in subsection (2) are satisfied in his case, themagistrates court may make a drinking banning order against Crime Reduction Act 2006 (c. 38)Part 1 Alcohol-related violence and disorderChapter 1 Drinking banning orders4(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 orcomplaints 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 inrelation to whom it would be reasonable for it to make an applicationunder section 3,it may make an application in the proceedings for a drinking banning orderagainst the individual.