Clause 3 - Orders in County Court Proceedings
Violent Crime Reduction Bill
4:41 pm
Hazel Blears (Minister of State (Policing, Security and Community Safety), Home Office; Salford, Labour)
The civil procedure rules already provide detail in relation to the making and hearing of applications. It is unnecessary to set such matters out in the Bill. I understand the hon. Gentleman's concern to ensure that applications are heard speedily, but in this case they will not be freestanding applications for drinking banning orders, they will be made in relation to existing proceedings—perhaps for eviction from a tenancy—in the context of which it is thought appropriate to bring in an application for a drinking banning order. That is similar to what happens in relation to antisocial behaviour orders, when a relative of somebody against whom proceedings are under way ought to have an order made against him because his drinking is causing problems to the neighbours and other families in the area.
This is not a matter of the police deciding that they need an order and going to the county court instead of the magistrates; it is a mechanism for attaching an application to existing proceedings. There is already provision in the civil procedure rules for the time limits to be flexible, and if cases need to be heard urgently, they can be. I know of cases in which people have made urgent applications to county court judges and have had matters dealt with very quickly. I hope that the hon. Gentleman will agree that the current civil procedure rules are flexible enough to allow that to happen and that we do not need to add anything to the Bill. However, I understand his sentiment and am pleased that he wants such matters to be heard urgently, as do I.
The other amendments refer to technical issues concerning where appeals might lie. Any appeal against an order made in the county court must be made in accordance with part 52 of the civil procedure rules. Appeals against orders made by a district judge will be made to a circuit judge and those against orders made by a circuit judge to the High Court. There is to be no departure from that route in the case of drinking banning orders; the measures have to be seen in the context of existing proceedings in the county court. On that basis, I ask that the amendment be withdrawn.