Criminal Law Legislation Update
| Date | 01 December 2009 |
| Published date | 01 December 2009 |
| DOI | 10.1350/jcla.2009.73.6.596 |
| Subject Matter | Article |
Criminal Law
Legislation Update*
Laura McGowan†
Statutory instruments
With effect from 7 September 2009, the Magistrates’ Courts (Violent
Offender Orders) Rules 2009 (SI 2009 No. 2197) prescribe the appli-
cation form which must be used when applying for a violent offender
order or an interim violent offender order under the Criminal Justice
and Immigration Act 2008. The Rules also prescribe the form which
must be used when making a violent offender order or an interim
violent offender order. The Rules provide that an application to vary,
discharge or renew a violent offender order or to vary or discharge an
interim violent offender order must be made in writing, specifying the
reason for the application.
The Rules also provide that if the defendant wishes to serve a notice
on the applicant under s. 99(7) of the 2008 Act (which is a notice
denying that an act done outside England and Wales would have
constituted a specified offence if it had been done in England and Wales)
the defendant must do so no later than three days before the hearing
date for the application under s. 100 of the 2008 Act.
The Violent Crime Reduction Act 2006 (Commencement
No. 7) Order 2009 (SI 2009 No. 1840) was made on 8 July 2009. It
brought into force the following provisions of the Violent Crime Reduc-
tion Act 2006 on 31 August 2009: s. 1 (drinking banning orders); s. 2
(duration of drinking banning orders); s. 3 (orders on an application to
magistrates’ court); s. 4 (orders in county court proceedings); and s. 5
(variation or discharge of orders under s. 3 or 4).
The following provisions of the 2006 Act come into force on the same
day, insofar as they relate to a drinking banning order under s. 3 or 4
of the 2006 Act: s. 9 (interim orders); s. 10 (appeals); s. 11 (breach of
drinking banning orders); s. 12 (approved courses); s. 13 (certificates
of completion of approved courses); and s. 14 (interpretation of Chap. 1
of the 2006 Act).
A drinking banning order is an order that prohibits an individual
against whom it is made from doing things described in the order.
Section 1(2) of the 2006 Act provides that ‘such an order may impose
any prohibition on the subject which is necessary for the purpose of
protecting other persons from criminal or disorderly conduct by the
subject while he is under the influence of alcohol’. Section 2 of the Act
provides that an order must not be less than two months or more than
* As at 15 September 2009.
† Barrister, Carmelite Chambers; e-mail: laurajmcgowan@gmail.com.
454 The Journal of Criminal Law (2009) 73 JCL 454–456
doi:10.1350/jcla.2009.73.6.596
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