- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Violent Crime Reduction Act 2006. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
Commencement Orders bringing legislation that affects this Act into force:
(1)Section 14 of the Criminal Justice and Police Act 2001 (c. 16) (places which are not designated public places) is amended as follows.
(2)In subsection (1)—
(a)for paragraph (a) substitute—
“(a)premises in respect of which a premises licence has effect which authorises the premises to be used for the sale or supply of alcohol;
(aa)premises in respect of which a club premises certificate has effect which certifies that the premises may be used by the club for the sale or supply of alcohol;”
(b)in paragraph (b), after “(a)” insert “ or (aa) ”;
(c)in paragraph (c), for “20” substitute “ 30 ”.
(3)After subsection (1) insert—
“(1A)Subsection (1B) applies to premises falling within subsection (1)(a) if—
(a)the premises licence is held by a local authority in whose area the premises or part of the premises is situated; or
(b)the premises licence is held by another person but the premises are occupied by such an authority or are managed by or on behalf of such an authority.
(1B)Subsection (1) prevents premises to which this subsection applies from being, or being part of, a designated public place only—
(a)at times when it is being used for the sale or supply of alcohol; and
(b)at times falling within 30 minutes after the end of a period during which it has been so used.
(1C)In this section “premises licence” and “club premises certificate” have the same meaning as in the Licensing Act 2003.”
(1)If the test in subsection (2) is satisfied in the case of an individual aged 16 or over who is in a public place, a constable in uniform may give a direction to that individual—
(a)requiring him to leave the locality of that place; and
(b)prohibiting the individual from returning to that locality for such period (not exceeding 48 hours) from the giving of the direction as the constable may specify.
(2)That test is—
(a)that the presence of the individual in that locality is likely, in all the circumstances, to cause or to contribute to the occurrence of alcohol-related crime or disorder in that locality, or to cause or to contribute to a repetition or continuance there of such crime or disorder; and
(b)that the giving of a direction under this section to that individual is necessary for the purpose of removing or reducing the likelihood of there being such crime or disorder in that locality during the period for which the direction has effect or of there being a repetition or continuance in that locality during that period of such crime or disorder.
(3)A direction under this section—
(a)must be given in writing;
(b)may require the individual to whom it is given to leave the locality in question either immediately or by such time as the constable giving the direction may specify;
(c)must clearly identify the locality to which it relates;
(d)must specify the period for which the individual is prohibited from returning to that locality;
(e)may impose requirements as to the manner in which that individual leaves the locality, including his route; and
(f)may be withdrawn or varied (but not extended so as to apply for a period of more than 48 hours) by a constable.
(4)A constable may not give a direction under this section that prevents the individual to whom it is given—
(a)from having access to a place where he resides;
(b)from attending at any place which he is required to attend for the purposes of any employment of his or of any contract of services to which he is a party;
(c)from attending at any place which he is expected to attend during the period to which the direction applies for the purposes of education or training or for the purpose of receiving medical treatment; or
(d)from attending at any place which he is required to attend by any obligation imposed on him by or under an enactment or by the order of a court or tribunal.
(5)A constable who gives a direction under this section must make a record of—
(a)the terms of the direction and the locality to which it relates;
(b)the individual to whom it is given;
(c)the time at which it is given;
(d)the period during which that individual is required not to return to the locality.
(6)A person who fails to comply with a direction under this section is guilty of an offence and shall be liable, on summary conviction, to a fine not exceeding level 4 on the standard scale.
(7)In section 64A of the Police and Criminal Evidence Act 1984 (c. 60) (power to photograph suspects), in subsection (1B), after paragraph (c) insert—
“(ca)given a direction by a constable under section 27 of the Violent Crime Reduction Act 2006;”.
(8)In this section “public place” means—
(a)a highway; or
(b)any place to which at the material time the public or any section of the public has access, on payment or otherwise, as of right or by virtue of express or implied permission;
and for this purpose “place” includes a place on a means of transport.
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made):The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: