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Section 25 Duration of serious disruption prevention orderI1I2

England and Wales

(1)

A serious disruption prevention order takes effect on the day it is made, subject to subsections (3) and (4).

(2)

A serious disruption prevention order must specify the period for which it has effect, which must be a fixed period of not less than 1 week and not more than 2 years.

(3)

Subsection (4) applies in relation to a serious disruption prevention order made in respect of a person (“P”) if—

(a)

P has been remanded in or committed to custody by an order of a court,

(b)

a custodial sentence has been imposed on P or P is serving or otherwise subject to such a sentence, or

(c)

P is on licence for part of the term of a custodial sentence.

(4)

The order may provide that it does not take effect until—

(a)

P is released from custody,

(b)

P ceases to be subject to a custodial sentence, or

(c)

P ceases to be on licence.

(5)

A serious disruption prevention order may specify periods for which particular requirements or prohibitions have effect.

(6)

Where a court makes a serious disruption prevention order in respect of a person and the person is already subject to such an order, the earlier order ceases to have effect.

(7)

In this section “custodial sentence”—

(a)

has the same meaning as in the Sentencing Code, and

(b)

includes a “pre-Code custodial sentence” within the meaning of the Sentencing Code (see section 222 of the Code).

Annotations

Commencement

I1

S. 25 not in force at Royal Assent, see s. 35(5)

I2

S. 25 in force at 5.4.2024 by S.I. 2024/472, reg. 2(f)