Criminal Justice Act 2003

211 Periodic review of drug rehabilitation requirement E+W

(1) At a review hearing (within the meaning given by subsection (1) of section 210) the court may, after considering the responsible officer’s report referred to in that subsection, amend the community order or suspended sentence order, so far as it relates to the drug rehabilitation requirement.

(2) The court—

(a) may not amend the drug rehabilitation requirement unless the offender expresses his willingness to comply with the requirement as amended, [F1 and]

F2 (b) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(c) except with the consent of the offender, may not amend any requirement or provision of the order while an appeal against the order is pending.

(3) If the offender fails to express his willingness to comply with the drug rehabilitation requirement as proposed to be amended by the court, the court may—

(a) revoke the community order, or the suspended sentence order and the suspended sentence to which it relates, and

(b) deal with him, for the offence in respect of which the order was made, in any way in which he could have been dealt with for that offence by the court which made the order if the order had not been made.

(4) In dealing with the offender under subsection (3)(b), the court—

(a) shall take into account the extent to which the offender has complied with the requirements of the order, and

(b) may impose a custodial sentence (where the order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 152(2).

F3 (5) . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .

(6) If at a review hearing (as defined by section 210(1)(b)) the court, after considering the responsible officer’s report, is of the opinion that the offender’s progress under the requirement is satisfactory, the court may so amend the order as to provide for each subsequent review to be made by the court without a hearing.

(7) If at a review without a hearing the court, after considering the responsible officer’s report, is of the opinion that the offender’s progress under the requirement is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.

(8) At that hearing the court, after considering that report, may—

(a) exercise the powers conferred by this section as if the hearing were a review hearing, and

(b) so amend the order as to provide for each subsequent review to be made at a review hearing.

(9) In this section any reference to the court, in relation to a review without a hearing, is to be read—

(a) in the case of the Crown Court, as a reference to a judge of the court;

(b) in the case of a magistrates' court, as a reference to a justice of the peace F4 . . . .

Textual Amendments

F1 Word in s. 211(2)(a) inserted (3.12.2012) by Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 74(2)(a), 151(1); S.I. 2012/2906, art. 2(a)

F2 S. 211(2)(b) omitted (3.12.2012) by virtue of Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), ss. 74(2)(b), 151(1); S.I. 2012/2906, art. 2(a)

F3 S. 211(5) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 89, Sch. 28 Pt. 1 (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)(u)(xxxi)

F4 Words in s. 211(9)(b) omitted (1.4.2005) by virtue of The Courts Act 2003 (Consequential Provisions) Order 2005 (S.I. 2005/886), art. 2, Sch. para. 101

Modifications etc. (not altering text)

C1 S. 211 modified (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 179(2), 203(3), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4 (as amended (temp.) (24.4.2009 for certain purposes, otherwise 31.10.2009) by S.I. 2009/1059, arts. 1(3), 206, Sch. 2 paras. 3(b)(c),{14(3)(b)(c)})

C2 S. 211 excluded (28.3.2009 for certain purposes, otherwise 31.10.2009) by Armed Forces Act 2006 (c. 52), ss. 183(1), 383; S.I. 2009/812, art. 3 (with transitional provisions in S.I. 2009/1059); S.I. 2009/1167, art. 4

Commencement Information

I1 S. 211 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)