Clause 10 - Breach of drinking banning orders
Violent Crime Reduction Bill
5:30 pm
Hazel Blears (Minister of State (Policing, Security and Community Safety), Home Office; Salford, Labour)
Amendments Nos. 74, 75 and 76 seek to remove the possibility of a custodial penalty being imposed for breach of a drinking banning order because we want to ensure that the courts use drinking banning orders where it is appropriate for them to do so. In addition to the ability of the magistrates courts to make a drinking banning order on application, the Bill also requires the courts to consider making such an order following conviction in every case in which the individual was under the influence of alcohol when the offence was committed. A high number of offences are committed while those responsible are under the influence of alcohol, and on reflection we consider that a custodial penalty purely for breach of a drinking banning order is not justified at this time, given the availability of fines and community sentences as effective deterrents.
Additionally, breach of a drinking banning order will be an aggravating factor when a court considers a sentence for any other offence committed alongside the breach. That could result in a custodial sentence. We believe that custody should be reserved for the most serious, dangerous and persistent offenders. There will still be potential for offenders to receive custodial sentences for persistent breaches of the community sentence imposed for breach of a drinking banning order.