I retired from the magistracy in 2015 after 17 years mainly as a presiding justice

United Kingdom
My current blog can be accessed at https://thejusticeofthepeaceblog.blogspot.com/

DRINKING BANNING ORDERS

 

16. Apr. 2010. – 14:32:28

In the last thirteen years we have had introduced over three thousand new laws, Police Community Support Officers, revamped traffic wardens with powers to issue penalty notices in addition to parking tickets, ASBOs which are civil orders the breach of which can lead to lengthy custodial sentences. I referred recently to controlled drinking zones and their associated corollary; the drunks just move next door where there is no control.

Since 21/08/2009 Magistrates` and County Courts have had the power to make Drinking Banning Orders. DBOs on conviction came into force on 1st April 2010 in 25 Local Justice Areas. Recently Kidderminster Magistrates` Court issued a two year DBO against Laura Hall, 20, of Bromsgrove banning her from consuming alcohol or purchasing alcohol in pubs, nightclubs, membership clubs or hotels, and from purchasing alcohol in shops and off licences. It also bans her from having alcohol in any unsealed container or consuming alcohol in any public place. The conditions apply throughout England and Wales.


So this offender who was also required to undertake an approved course to tackle her alcohol-misuse issues will be breaking the order if she buys a bottle of cider to take home for her friends. This is what is termed being set up to fail. And if she fancies a pint in the highest pub in England after an exhausting walk up hill and down dale the local bobby can arrest her on the spot and she would then face a criminal charge and possible custody. Unfortunately there are many young people with severe drink problems which ruin their health and often lead to unlawful behaviour the result of which can be personal disintegration and enormous cost to the public purse. But surely legislation of this format cannot be the best way to deal with problem?

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