Modifications etc. (not altering text)
C1Pt. IV applied (with modifications) (25.8.2000) by 1997 c. 43, s. 35(4)(b)(5) (as substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 184(3))
(1)Subject to subsection (3) below, a [F1community rehabilitation order] may in addition require the offender to comply during the whole or any part of the [F2community rehabilitation period] with such requirements as the court, having regard to the circumstances of the case, considers desirable in the interests of—
(a)securing the rehabilitation of the offender; or
(b)protecting the public from harm from him or preventing the commission by him of further offences.
(2)Without prejudice to the generality of subsection (1) above,
[F3(a)]the additional requirements which may be included in a [F1community rehabilitation order] shall include the requirements which are authorised by Schedule 2 to this Act..
[F4(b)subject to subsections (2D) and (2F) below, the order shall, if the first set of conditions is satisfied, include a drug abstinence requirement and may include such a requirement if the second set of conditions is satisfied.
(2A)For the purposes of this Part of this Act, a drug abstinence requirement is a requirement for the offender—
(a)to abstain from misusing specified Class A drugs; and
(b)to provide, when instructed to do so by the responsible officer, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug in his body.
(2B)The first set of conditions is—
(a)that the offender was aged 18 or over on the date of his conviction for the offence;
(b)that, in the opinion of the court, the offender is dependent on or has a propensity to misuse specified Class A drugs; and
(c)that the offence is a trigger offence.
(2C)The second set of conditions is—
(a)that the offender was aged 18 or over on the date of his conviction for the offence; and
(b)that, in the opinion of the court—
(i)the offender is dependent on or has a propensity to misuse specified Class A drugs; and
(ii)the misuse by the offender of any specified Class A drug caused or contributed to the offence.
(2D)The order may not include a drug abstinence requirement if—
(a)the community rehabilitation order includes any requirement in respect of drugs under paragraph 6 of Schedule 2 to this Act; or
(b)the community sentence includes a drug treatment and testing order or a drug abstinence order.
(2E)The function of giving instructions for the purposes of subsection (2A)(b) 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 for regulating the provision of samples in pursuance of such instructions.
(2F)The court shall not include a drug abstinence requirement in the order unless the court has been notified by the Secretary of State that arrangements for implementing such requirements are available in the area proposed to be specified under section 41(3) above and the notice has not been withdrawn.]
(3)Without prejudice to the power of the court under section 130 below to make a compensation order, the payment of sums by way of damages for injury or compensation for loss shall not be included among the additional requirements of a [F1community rehabilitation order].
Textual Amendments
F1Words in s. 42 and the sidenote substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(2); S.I. 2001/919, art. 2(f)(i)
F2Words in s. 42(1) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 166; S.I. 2001/919, art. 2(f)(ii)
F3Words in s. 42(2) renumbered as s. 42(2)(a) (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 49(1)(a); S.I. 2001/2232, art. 2(c)
F4S. 42(2)(b)(2A)-(2F) inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 49(1)(b); S.I. 2001/2232, art. 2(c)