(1)Where a court by or before which a person is convicted of an offence committed on licensed premises is satisfied that in committing that offence he resorted to violence or offered or threatened to resort to violence, the court may, subject to subsection (2) below, make an order (in this Act referred to as an “exclusion order”) prohibiting him from entering those premises or any other specified premises, without the express consent of the licensee of the premises or his servant or agent.
(2)An exclusion order may be made either—
(a)in addition to any sentence which is imposed in respect of the offence of which the person is convicted; or
F1[(b)where the offence was committed in England and Wales, notwithstanding the provisions of [F2sections 79, 80 and 82 of the Sentencing Code]] (cases in which absolute and conditional discharges may be made, and their effect), in addition to an order discharging him absolutely or conditionally;
(c)where the offence was committed in Scotland, notwithstanding the provisions of [F3sections 228, 246(2) and (3) and 247 of the Criminal Procedure (Scotland) Act 1995] (cases in which probation orders and absolute discharges may be made, and their effect), in addition to a probation order or an order discharging him absolutely;
but not otherwise.
(3)An exclusion order shall have effect for such period, not less than three months or more than two years, as is specified in the order, unless it is terminated under section 2(2) below.
Textual Amendments
F1S. 1(2)(b) substituted (E.W.) (1.10.1992) by Criminal Justice Act 1991 (c. 53, SIF 39:1), s. 100, Sch. 11 para. 23; S.I. 1992/333, art.2(2), Sch. 2.
F2Words in s. 1(2)(b) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 para. 42 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2
F3Words in s. 1(2)(c) substituted (1.4.1996) by 1995 c. 40, ss. 5, 7(2), Sch. 4 para. 29