Psychoactive Substances Act 2016
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Change 1
19 Prohibition 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notice that has previously been given to the person against whom the order is made is to be treated as having been withdrawn.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.
19 Prohibition 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notice that has previously been given to the person against whom the order is made is to be treated as having been withdrawn.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.
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