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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)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(f)may be withdrawn or varied (but not extended so as to apply for a period of more than 48 hours) by a constable.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.
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.
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