Commentary on Sections Part 1: Alcohol-related violence and disorder Chapter 3: Other provisions Section 27: Directions to individuals who represent a risk of disorder
209.This section provides the police with a power to issue a direction to an individual to leave a locality to minimise the risk of alcohol related crime or disorder arising and/or taking place.
210.Subsection (1) provides a constable in uniform with a new power to issue a direction to leave a locality to an individual aged at least 16 who is in a public place. The direction will prohibit their return to the locality for up to 48 hours. Subsection (2) sets out the test which must be satisfied for a direction to be given. A direction can only be given if the presence of an individual in the relevant locality is likely, in all the circumstances, to cause or contribute to the occurrence of alcohol-related crime or disorder in that locality, or to a repetition or continuance there of such crime or disorder. The constable also has to be satisfied that such a direction is necessary for the purpose of removing or reducing the likelihood of there being such crime or disorder in that locality during the period for which the direction has effect, or of there being a repetition or continuance in that locality during that period of such crime or disorder.
211.Subsection (3) specifies matters relating to the form and content of a direction. A direction must be given in writing and may take effect either immediately or at a later time specified by the constable, for example if an immediate departure from the locality is for some reason not practicable. The direction must clearly identify the locality to which it relates and the period for which the individual is prohibited from returning. A constable can impose requirements as to how the individual leaves the locality and the route that must be taken. A direction can be varied or withdrawn by any constable but the period for which the direction applies may not be extended beyond 48 hours.
212.Subsection (4) contains safeguards to ensure that a direction may not be given where it prevents an individual from having access to a place where he resides; where he needs to attend for employment purposes; education; medical treatment; or as a result of an enactment or court order.
213.Subsection (5) requires a constable giving a direction to make a record of the key components of the direction.
214.Subsection (6) provides that an individual who fails to comply with a direction will be guilty of an offence and would be liable on summary conviction to a fine not exceeding level 4 on the standard scale (currently £2,500).
215.Subsection (7) amends section 64A of the Police and Criminal Evidence Act 1984 to allow the police to photograph the subject of a direction, with or without his consent, elsewhere than at a police station.
216.Subsection (8) sets out the definition of a public place for the purposes of the direction to leave the locality.