Commentary on Sections Part 1: Alcohol-related violence and disorder Chapter 1: Drinking banning orders Section 9: Interim orders
104.This section enables the court to make an interim order when an application is made for a DBO under section 3 or 4 or where the court is considering making a DBO on criminal conviction under section 6. Subsection (2) provides that the court can make an interim order if it thinks it is just to do so.
105.Where an application has been made for a DBO under section 3 or 4,subsections (3) and (4) enable an application for an interim order to be made without notice being given to the potential subject, and heard in the absence of that individual when the permission of the court (in the case of proceedings before the county court) or permission of the proper officer as defined in section 14 (in the case of proceedings before a magistrates’ court) has been given.
106.Subsection (5) specifies that permission for the making of an application for an interim order without notice and for hearing the application in the individual’s absence may only be given where the court or proper officer is satisfied it is necessary for the application to be made without the individual concerned receiving notice and that it is not necessary for it to be heard in his presence.
107.Subsection (6)(a) enables an interim order to contain any provision that could be in a full DBO. Subsection (6)(b) limits its duration, unless renewed, to the time specified in the order, which may not exceed 4 weeks.
108.Subsection (7)(a) provides that an interim order may be renewed once or more but not for longer than 4 weeks from the time it would otherwise have expired. Subsection (7)(b) provides it must in any event cease to have effect on the court’s decision on whether or not to make a DBO.
109.Subsections (8) and (9) provide for applications for variation or discharge of an interim order that are made on application to the magistrates’ court, in county court proceedings and on conviction in criminal proceedings. However, the provisions that prevent a full DBO from being extended beyond 2 years do not apply as interim orders are subject to a shorter renewable 4 week limit.