Ancillary Orders Consultation
Licenced premises - Exclusion order
|
Guideline users should be aware that the Equal Treatment Bench Book covers important aspects of fair treatment and disparity of outcomes for different groups in the criminal justice system. It provides guidance which sentencers are encouraged to take into account wherever applicable, to ensure that there is fairness for all involved in court proceedings. |
||
|
May be made by |
A magistrates' court or the Crown Court |
|
|
Relevant legislation |
||
|
Availability |
A court may make an exclusion order Where an offender has been convicted of an offence committed on licensed premises involving the use or threat of violence. An exclusion order can be made in addition to any other sentence including an absolute or conditional discharge |
|
|
Effect of the order |
The order prohibits the offender from entering specified licensed premises without the express consent of the licensee. |
|
|
Length of the order |
Minimum three months, maximum two years |
|
|
Consequences of breach
|
Breach of an exclusion order is a criminal offence, maximum penalty one month’s custody or a level 4 fine. |
|
Sentencing guidelines that will include a drop down of this guidance:
- Affray
- Bladed articles and offensive weapons – threats
- Disorderly behaviour with intent to cause harassment, alarm or distress/ Racially or religiously aggravated disorderly behaviour with intent to cause harassment, alarm or distress
- Threatening behaviour – fear or provocation of violence/ Racially or religiously aggravated threatening behaviour – fear or provocation of violence
- Common assault / Racially or religiously aggravated common assault/ Battery/ Common assault on emergency worker
- Assault occasioning actual bodily harm / Racially or religiously aggravated ABH
- Inflicting grievous bodily harm/ Unlawful wounding/ Racially or religiously aggravated GBH/ Unlawful wounding