Clause 2 - Orders on an application to magistrates' court
Violent Crime Reduction Bill
4:41 pm
Hazel Blears (Minister of State (Policing, Security and Community Safety), Home Office; Salford, Labour)
The amendments are unnecessary because drinking banning orders are civil orders but the necessary standard of proof must be equivalent to the criminal standard. That is well accepted case law from cases under antisocial behaviour legislation, which is in many ways identical to the legislation that we are considering today.
It is important to retain the civil nature of the order so that third-party evidence can be given—hearsay evidence and evidence from professional witnesses—but the standard of proof must be the criminal standard. That is well accepted law and does not need to be in the Bill, so I ask the hon. Gentleman to withdraw his amendment.