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50.2.—(1) The court must not make a behaviour order unless the person to whom it is directed has had an opportunity—
(a)to consider—
(i)what order is proposed and why, and
(ii)the evidence in support; and
(b)to make representations at a hearing (whether or not that person in fact attends).
(2) That restriction does not apply to making an interim behaviour order, but such an order has no effect unless the person to whom it is directed—
(a)is present when it is made; or
(b)is handed a document recording the order not more than 7 days after it is made.
(3) Where the court decides not to make, where it could—
(a)a football banning order;
(b)a parenting order, after a person under 16 is convicted of an offence; or
(c)a drinking banning order,
the court must announce, at a hearing in public, the reasons for its decision.
[Note. The Acts listed in the note to rule 50.1 impose requirements specific to each different type of behaviour order. Not all allow the court to make an interim behaviour order.
See section 14A(3) of the Football Spectators Act 1989(1); sections 8A(4) and 9(1) of the Crime and Disorder Act 1998(2); and section 6(4) of the Violent Crime Reduction Act 2006(3).]
1989 c. 37; section 14A was substituted, together with sections 14 and 14B–14J, for the existing sections 14–17, by section 1 of, and paragraphs 1 and 2 of Schedule 1 to, the Football (Disorder) Act 2000 (c. 25).
1998 c. 37; section 8A is inserted and section 9(1) amended by section 41(1), (3) and (4) of the Crime and Security Act 2010 (c. 17), with effect from a date to be appointed.
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