Violent Crime Reduction Bill — Clause 1 — Drinking Banning Orders — 14 Nov 2005 at 18:30

(a) suffering from substance addiction (including alcohol dependence);

(b) a person falling within section 1 of the Mental Health Act 1983; 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.

(6) In subsection (5) above "an appropriate officer" means-

(a) where the proposed subject is aged 18 or over, an officer of the National Offender Management Service, a doctor 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.

(7) If the court determines that the proposed subject of a drinking banning order may be a person falling within subsection (5)(a) to (c) above, 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 (5)(a) to (c) above; and