Commentary on Sections Part 1: Alcohol-related violence and disorder Chapter 1: Drinking banning orders Section 8: Variation or discharge of orders under section 6
100.Subsection (1) provides for the variation or discharge of a DBO made following a conviction. The subject of the DBO, the Director of Public Prosecutions or a relevant authority may apply for variation or discharge.
101.Subsection (2) provides that if the subject makes an application for variation or discharge he must send notice of his application to the Director of Public Prosecutions. Subsection (3) obliges the Director of Public Prosecutions or relevant authority to send notice of an application to vary or discharge to the subject of the DBO. Subsection (4) provides that a DBO made on conviction in criminal proceedings in the magistrates’ court can be varied or discharged by a relevant local court as defined in Section 14.
102.Subsection (5) prevents a DBO made under section 6 from being varied to extend the specified period to over 2 years.Subsection (6) provides that the order may not be discharged before the end of the period which is half the duration of the specified period of the DBO, or without the consent of the Director of Public Prosecutions, if earlier.
103.Subsection (7) amends the Prosecution of Offences Act 1985 to include in the functions of the Director of Public Prosecutions the ability to apply for variation or discharge of DBOs made under section 6 and to appear on such applications by a subject of a DBO.