Section 64: Orders on conviction in criminal proceedings
344.This section inserts new section 1C into the Crime and Disorder Act 1998. It enables the criminal courts to make an order prohibiting the defendant from doing anything described in the order where the defendant has been convicted of an offence committed after the coming into force of this section.
345.New section 1C(2) provides that an order may be made under this section if the court considers that the offender has acted since 1 April 1999 (the commencement date of section 1 of the 1998 Act) in an anti-social manner and that the order is necessary to protect persons anywhere in England and Wales from further anti-social acts by him. The court can make an order on its own initiative, whether or not an application has been for such an order (new section 1C(3)). An order under this section can only be made in addition to the sentence or a conditional discharge for the offence of which the person has been convicted (new section 1C(4)). It is a preventative order and is for the protection of others; it is not a penalty for the offence. If the offender is detained in custody for the criminal offence, newsection 1C(5) allows for an order to be suspended until the offender is released from custody.
346.New section 1C(6) to (8) provide for applications for variation or discharge of the order. Section 1C(6) allows an offender subject to an order to apply to the court for the order to be varied or discharged. Section 1C(7) allows for an application to vary or discharge an order made in a magistrates’ court to be made to any magistrates’ court in the same petty sessions area as the court which made the order. Under section 1C(8), an application to discharge an order cannot be made before the end of a two-year period after the order was made.
347.New section 1C(9) applies to section 1C subsections (7), (10) and (11) of section 1 of the Crime and Disorder Act 1998, as amended. Subsection (7) states that an order under section 1C remains in place for the period it specifies, which must be for a minimum of two years, or until replaced by a further order. Subsection (10) specifies that on breach of an order under section 1C, a person is liable, on summary conviction, to imprisonment for a maximum of six months, or to the maximum statutory fine (currently £5000) or to both. If convicted on indictment, he is liable to imprisonment for a term not exceeding five years or to a fine, or to both. Subsection (11) states that a conditional discharge cannot be made in respect of a breach of an order under this section.
