Clause 5 - Orders on conviction in criminal proceedings
Violent Crime Reduction Bill
5:00 pm
Lynne Featherstone (Shadow Minister, Home Affairs; Hornsey and Wood Green, Liberal Democrat)
The amendment seeks to ask the question why, and I want the Government's explanation. Clause 5 relates to orders on conviction in criminal proceedings. In clause 5(4), it is reasonable for a court to have to give its reasons for not issuing a drinking banning order when conditions have been satisfied. If conditions have been satisfied and the public need protection, we have a right to know why the court has decided against what seems to be logic.
However, clause 5(5) is more problematic, because if the conditions in clause 2(2) are not satisfied, the court is asked to give its reasons for not issuing the order. That means that the court has to explain why it does not think it necessary to make an order to protect persons. If the conditions have not been satisfied, why should we put that undue pressure on the court? It may put the court on the defensive. It would be a brave court that took the decision not to err on the side of caution in such circumstances when eyes were on it. We believe that the decision should be at the courts' discretion in such circumstances and that the court should not have to explain itself when the conditions have not been met.