Criminal Justice and Immigration Act 2008

Drug testing requirement

23 (1) In this Part of this Act, “drug testing requirement”, in relation to a youth rehabilitation order, means a requirement that, for the purpose of ascertaining whether there is any drug in the offender’s body during any treatment period, the offender must, during that period, provide samples in accordance with instructions given by the responsible officer or the treatment provider.

(2) In sub-paragraph (1)—

• “drug” has the same meaning as in paragraph 22,

• “treatment period” means a period specified in the youth rehabilitation order as a period during which the offender must submit to treatment as mentioned in sub-paragraph (1) of that paragraph, and

• “the treatment provider” has the meaning given by that sub-paragraph.

(3) A court may not include a drug testing requirement in a youth rehabilitation order unless—

(a) the court has been notified by the Secretary of State that arrangements for implementing drug testing requirements are in force in the local justice area in which the offender resides or is to reside,

(b) the order also imposes a drug treatment requirement, and

(c) the offender has expressed willingness to comply with the requirement.

(4) A youth rehabilitation order which imposes a drug testing requirement—

(a) must specify for each month the minimum number of occasions on which samples are to be provided, and

(b) may specify—

(i) times at which and circumstances in which the responsible officer or treatment provider may require samples to be provided, and

(ii) descriptions of the samples which may be so required.

(5) A youth rehabilitation order which imposes a drug testing requirement must provide for the results of tests carried out otherwise than by the responsible officer on samples provided by the offender in pursuance of the requirement to be communicated to the responsible officer.