The following Corporate Crime practice note produced in partnership with Stan Reiz QC of 2 Bedford Row provides comprehensive and up to date legal information covering:
An order under the Licensed Premises (Exclusion of Certain Persons) Act 1980 (LP(ECP)A 1980) excluding a defendant from licensed premises prohibits that person from entering the premises where the offence occurred or any other licensed premises specified in the order without the express consent of the licensee or the licensee’s agent.
In R v Grady (1990) 12 Cr App Rep (S) 152 (not reported by LexisNexis®), which was decided before the enactment of the Licensing Act 2003, it was held that ‘licensed premises’ meant premises in respect of which a justices’ on licence was in force.
A court may make an exclusion order under LP(ECP)A 1980 where a defendant is convicted of an offence committed on licensed premises and the court is satisfied that in committing that offence the defendant resorted to violence, or offered or threatened to resort to violence.
An exclusion order may be made by the court of its own motion or on the application of the prosecutor. The CPS Legal Guidance for prosecutors suggests that it is undesirable for a third party who is not a victim or party to the proceedings to make an application for an exclusion order; the normal procedure should be for such an interested party to make such representation to the
Free trials are only available to individuals based in the UK
Complete all the fields above to proceed to the next step.
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
Take a free trial
Entrapment There is no defence of entrapment in English law but it is considered to be an abuse of the process of the court for state agents to lure a person into committing illegal acts and then seek to prosecute him for doing so. The House of Lords said that, although entrapment is not a
European Insurance and Occupational Pensions Authority (EIOPA)BREXIT: 11pm (GMT) on 31 December 2020 (‘IP completion day’) marked the end of the Brexit transition/implementation period entered into following the UK’s withdrawal from the EU. Following IP completion day, key transitional arrangements
SRA Code of Conduct for individuals and firmsThis Practice Note provides guidance on the SRA Codes of Conduct, contained in the SRA Standards and Regulations, in force from 25 November 2019. The SRA Standards and Regulations include two Codes of Conduct—a Code forSolicitors, RELs and RFLs and a Code
Stay of proceedings—when can you apply to stay a claim?This Practice Note considers the question of when court proceedings can be stayed. It identifies scenarios in which a party may apply for a stay of proceedings, including to allow for: a jurisdictional challenge; arbitration; an attempt to
0330 161 1234