Violent Crime Reduction Act 2006

Violent Crime Reduction Act 2006

2006 CHAPTER 38

Commentary on Sections

Part 1: Alcohol-related violence and disorder

Chapter 1: Drinking banning orders

Section 6: Orders on conviction in criminal proceedings

93. Subsections (1), (2) and (3) provide that the court may make a DBO against an offender following criminal proceedings, where that offender is aged at least 16, was under the influence of alcohol when committing the offence and the court decides that the conditions set out in section 3(2) are satisfied. The court must at least consider whether those conditions are so satisfied. Subsection (4) requires that if the court decides that the conditions are satisfied but it decides not to make a DBO, it must give the reasons for not doing so in open court. Subsection (5) requires the court to state in open court if it decides that the conditions in section 3(2) are not satisfied, and give its reasons.