(1)Where a court by or before which a person is convicted of an offence committed on licensed premises is satisfied that in committing that offence he resorted to violence or offered or threatened to resort to violence, the court may, subject to subsection (2) below, make an order (in this Act referred to as an “exclusion order”) prohibiting him from entering those premises or any other specified premises, without the express consent of the licensee of the premises or his servant or agent.
(2)An exclusion order may be made either—
(a)in addition to any sentence which is imposed in respect of the offence of which the person is convicted; or
[F1(b)where the offence was committed in England and Wales, notwithstanding the provisions of sections 1A and 1C of the Power of Criminal Courts Act 1973 (cases in which absolute and conditional discharges may be made, and their effect), in addition to an order discharging him absolutely or conditionally;]
(c)where the offence was committed in Scotland, notwithstanding the provisions of sections 182, 183, 191, 383, 384 and 392 of the M1Criminal Procedure (Scotland) Act 1975 (cases in which probation orders and absolute discharges may be made, and their effect), in addition to a probation order or an order discharging him absolutely;
but not otherwise.
(3)An exclusion order shall have effect for such period, not less than three months or more than two years, as is specified in the order, unless it is terminated under section 2(2) below.
Textual Amendments
F1S. 1(2)(b) substituted (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para.23; S.I. 1992/333, art.2(2), Sch.2.
Marginal Citations