Clause 1 — Drinking Banning Orders

Orders of the Day — Violent Crime Reduction Bill – in the House of Commons at 6:30 pm on 14th November 2005.

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Amendment proposed: No. 28, in page 2, line 20, at end insert—

'(5) Before making a drinking banning order, a court may receive a report from an appropriate officer about the proposed subject of the order, which contains information about the subject and, in particular, about whether there is any reason to suspect that he may be—

(a) suffering from substance addiction (including alcohol dependence);

(b) a person falling within section 1 of the Mental Health Act 1983; or

(c) suffering from any other recognised physical or mental illness or condition which could either—

(i) affect his ability to restrict his intake of alcohol,

(ii) cause him to engage in criminal conduct while under the influence of alcohol, or

(iii) affect his ability to comply with a drinking banning order.

(6) In subsection (5) above "an appropriate officer" means—

(a) where the proposed subject is aged 18 or over, an officer of the National Offender Management Service, a doctor or a social worker of a local authority social services department;

(b) where the proposed subject is aged under 18, a social worker of a local authority social services department or a member of a youth offending team.

(7) If the court determines that the proposed subject of a drinking banning order may be a person falling within subsection (5)(a) to (c) above, the court shall not make a drinking banning order unless satisfied, on receipt of medical evidence, that—

(a) his ability to understand and comply with the order will not be significantly restricted by reason of his being a person falling within subsection (5)(a) to (c) above; and

(b) compliance with the order, either alone or in combination to any other order or sentence to which he is subject, would not have a deleterious effect on his mental or physical health.'.—[Lynne Featherstone.]

Question put, That the amendment be made:—

The House divided: Ayes 190, Noes 286.

Division number 90 Orders of the Day — Violent Crime Reduction Bill — Clause 1 — Drinking Banning Orders

Aye: 190 MPs

No: 286 MPs

Ayes: A-Z by last name

Tellers

Nos: A-Z by last name

Tellers

Question accordingly negatived.