19Prohibition orders following conviction
(1) Where a court is dealing with a person who has been convicted of a relevant offence, the court may make a prohibition order under this section if the court considers it necessary and proportionate for the purpose of preventing the person from carrying on any prohibited activity.
(2) A prohibition order may not be made under this section except—
- (a) in addition to a sentence imposed in respect of the offence concerned, or
- (b) in addition to an order discharging the person conditionally or, in Scotland, discharging the person absolutely.
(3) If a court makes a prohibition order under this section, any prohibition notice that has previously been given to the person against whom the order is made is to be treated as having been withdrawn.
(4) A prohibition order under this section made against an individual who is under the age of 18 at the time the order is made—
- (a) must specify the period for which it has effect, and
- (b) may not have effect for more than 3 years.
(5) In this section “relevant offence” means—
- (a) an offence under any of sections 4 to 8;
- (b) an offence of attempting or conspiring to commit an offence under any of sections 4 to 8;
- (c) an offence under Part 2 of the Serious Crime Act 2007 in relation to an offence under any of sections 4 to 8;
- (d) an offence of inciting a person to commit an offence under any of sections 4 to 8;
- (e) an offence of aiding, abetting, counselling or procuring the commission of an offence under any of sections 4 to 8.
20Premises orders
(1) The appropriate court may make a premises order against a person if—
- (a) condition A or B is met, and
- (b) condition C is met.
(2) A premises order is an order that requires the person against whom it is made to take all reasonable steps to prevent any prohibited activity, or a prohibited activity of a description specified in the order, from being carried on at any premises specified in the order that are owned, leased, occupied, controlled or operated by the person.
(3) Condition A is that the court is satisfied on the balance of probabilities that the person has failed to comply with a premises notice.
(4) Condition B is that, where no premises notice has been given (or one was given but has been withdrawn)—
- (a) the court is satisfied on the balance of probabilities that a prohibited activity is being, or is likely to be, carried on at particular premises,
- (b) the person owns, leases, occupies, controls or operates the premises, and
- (c) the court considers that the person would fail to comply with a premises notice if given.
