New section 89DD outlines how an alcohol exclusion order may be made. The Director of Public Prosecutions or a member of the police force may make an application for an alcohol exclusion order if a person has been charged with a relevant offence. The written application must be filed and then served on the accused person who is the subject of it— in the case of a proceeding listed for a summary hearing in the Magistrates' Court, before the first mention hearing or later with the leave of the court; or in the case of a committal proceeding, before the committal mention hearing, or later with the leave of the court; or in any other case, before the first directions hearing, or later with the leave of the court. The application is required to be made early in the case to ensure that all parties are aware that the order will be sought well before any sentencing hearing. This will also enable any relevant factual disputes to be raised as part of criminal proceedings. Service of the application is intended to be by ordinary service consistent with section 394 of the Criminal Procedure Act 2009. Subsection (3) provides that such an application may be withdrawn at any time before it is determined. Subsection (4) provides that even where an application has not been made, a court may still make an alcohol exclusion order on its own motion in accordance with section 89DE. New section 89DE provides that a court must make an alcohol exclusion order in respect of an offender if— the court records a conviction against the offender for a relevant offence; and the court is satisfied on the balance of probabilities that— at the time of the relevant offence the offender was intoxicated; and the offender's intoxication significantly contributed to the commission of the relevant offence; and
New section 89DD outlines how an alcohol exclusion order may be made. The Director of Public Prosecutions or a member of the police force may make an application for an alcohol exclusion order if a person has been charged with a relevant offence. The written application must be filed and then served on the accused person who is the subject of it— in the case of a proceeding listed for a summary hearing in the Magistrates' Court, before the first mention hearing or later with the leave of the court; or in the case of a committal proceeding, before the committal mention hearing, or later with the leave of the court; or in any other case, before the first directions hearing, or later with the leave of the court. The application is required to be made early in the case to ensure that all parties are aware that the order will be sought well before any sentencing hearing. This will also enable any relevant factual disputes to be raised as part of criminal proceedings. Service of the application is intended to be by ordinary service consistent with section 394 of the Criminal Procedure Act 2009. Subsection (3) provides that such an application may be withdrawn at any time before it is determined. Subsection (4) provides that even where an application has not been made, a court may still make an alcohol exclusion order on its own motion in accordance with section 89DE. New section 89DE provides that a court must make an alcohol exclusion order in respect of an offender if— the court records a conviction against the offender for a relevant offence; and the court is satisfied on the balance of probabilities that— at the time of the relevant offence the offender was intoxicated; and the offender's intoxication significantly contributed to the commission of the relevant offence; and
571141exi1.docx