Criminal Justice and Court Services Act 2000

63 Supervision of young offenders after release. E+W

(1) Section 65 of the M1 Criminal Justice Act 1991 is amended as follows.

(2) After subsection (5) there is inserted—

“(5A) The requirements that may be specified in a notice under subsection (5) above include—

(a) requirements for securing the electronic monitoring of the person’s compliance with any other requirements specified in the notice;

(b) requirements for securing the electronic monitoring of his whereabouts (otherwise than for the purpose of securing his compliance with requirements specified in the notice);

(c) in the circumstances mentioned in subsection (5B) below, requirements to provide, when instructed to do so by an officer of a local probation board or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether the person has any specified Class A drug in his body.

(5B) The circumstances referred to in subsection (5A)(c) above are that—

(a) the person has attained the age of 18 years;

(b) his term of detention was imposed for a trigger offence; and

(c) the requirements to provide samples are being imposed for the purpose of determining whether he is complying with any other requirements specified in the notice.

(5C) Requirements imposed by virtue of subsection (5A) above shall not have effect on or after the day on which the person would (but for his release) have served his term in full.

(5D) The function of giving such an instruction as is mentioned in subsection (5A)(c) above shall be exercised in accordance with guidance given from time to time by the Secretary of State; and the Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (5A) above and the provision of samples in pursuance of such an instruction.”

(3) After subsection (8) there is inserted—

“(9) The power to make rules under this section—

(a) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament;

(b) shall include power to make different provision for different cases or classes of case.

(10) In this section, “specified Class A drug” and “trigger offence” have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000.”

Commencement Information

I1 S. 63 partly in force: S. 63 not in force at Royal Assent see s. 80(1); s. 63(2) in force for certain purposes at 1.2.2001 by S.I. 2000/3302, art. 3; s. 63 in force for specified purposes at 20.6.2001 and 2.7.2001 by S.I. 2001/2232, art. 2(h)

Marginal Citations

M1 1991 c. 53.