Section 42 Banning orders: contentI1

(1)

In this Chapter “banning order” means an order made by a court which prohibits the person who is subject to the order (“P”) from entering any premises for the purpose of attending regulated matches.

(2)

On making a banning order, a court must in ordinary language explain its effect to P.

(3)

A banning order must require P to report at a police station specified in the order within the period of 5 days beginning with the day on which the order is made.

(4)

A banning order must require P to give notification of the events mentioned in subsection (5) to the Chief Constable.

(5)

The events are—

(a)

a change of any of P's names;

(b)

the first use by P after the making of the order of a name for P that was not disclosed by P at the time of the making of the order;

(c)

a change of P's home address;

(d)

P's acquisition of a temporary address;

(e)

a change of P's temporary address or P's ceasing to have one;

(f)

an appeal made by P in relation to the order;

(g)

an application made by P under section 47(1) for termination of the order.

(6)

A notification required by a banning order by virtue of subsection (4) must be given before the end of the period of 7 days beginning with the day on which the event in question occurs and—

(a)

in the case of a change of a name or address or the acquisition of a temporary address, must specify the new name or address; and

(b)

in the case of a first use of a previously undisclosed name, must specify that name.

(7)

Where P is detained in legal custody the requirement under subsection (3) to report at a police station is suspended until P's release from custody.

(8)

If—

(a)

P is released from custody more than 5 days before the expiry of the period for which the order has effect, and

(b)

P was precluded by being in custody from reporting under subsection (3),

the order is to have effect as if it required P to report at the police station specified in the order within the period of 5 days beginning with the date of P's release.

(9)

In this section—

“home address”, in relation to P, means the address of P's sole or main residence;
“temporary address”, in relation to P, means the address (other than P's home address) of a place at which P intends to reside, or has resided, for a period of at least 4 weeks.

Annotations

Commencement

I1: S. 42 in operation at 1.1.2012 by S.R. 2011/370, art. 3(d)