Violent Crime Reduction Bill

moved AmendmentNo. 3: Page 2, line 20, at end insert- ““(4A) Before making a drinking banning order, a court must receive a report from an appropriate officer about the proposed subject of the order, which contains information about the subject and, in particular, about whether there is any reason to suspect that he may be- (a) suffering from substance addiction (including alcohol dependence); (b) a person falling within section 1 of the Mental Health Act 1983 (c. 20) (application of Act: ““mental disorder””); or (c) suffering from any other recognised physical or mental illness or condition which could either- (i) affect his ability to restrict his intake of alcohol; (ii) cause him to engage in criminal conduct while under the influence of alcohol; or (iii) affect his ability to comply with a drinking banning order. (4B) In subsection (4A) above ““an appropriate officer”” means- (a) where the proposed subject is aged 18 or over, an officer of the National Offender Management Service or a social worker of a local authority social services department; (b) where the proposed subject is aged under 18, a social worker of a local authority social services department or a member of a youth offending team. (4C) If the court determines that the proposed subject of a drinking banning order may be a person falling within subsection (4A)(a) to (c), the court shall not make a drinking banning order unless satisfied, on receipt of medical evidence, that- (a) his ability to understand and comply with the order will not be significantly restricted by reason of his being a person falling within subsection (4A)(a) to (c); and (b) compliance with the order, either alone or in combination with any other order or sentence to which he is subject, would not have a deleterious effect upon his mental or physical health.”” The noble Lord said: My Lords, this amendment was put forward in Committee. At that time, I understood that the Minister was somewhat favourable to the idea that, before making a drinking banning order, reports should be made to the decision-maker, whether the magistrates or the county court judge. I have repeated it in the hope that I might hear a little more from the Minister on this subject. Again, I look for an assurance that the need for reports will be contained in guidance. If I get that assurance, I shall not pursue this matter further. I beg to move.