Sentencing Act 2020

PART 14 Drug testing requirement

Requirement

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

(a) the responsible officer, or

(b) the treatment director.

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

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

(b) may specify—

(i) when and in what circumstances the responsible officer or treatment director may require the offender to provide samples, and

(ii) the kinds of sample which may be required.

(3) A youth rehabilitation order which imposes a drug testing requirement must provide for the results of tests on samples provided by the offender in pursuance of the requirement to be communicated to the responsible officer, if they are not carried out by the responsible officer.

(4) In this paragraph—

(a) “drug” has the meaning given by paragraph 33;

(b) “treatment director” and “treatment period” have the same meanings as in paragraph 31.

Restrictions on imposing drug testing requirement

35 (1) A youth rehabilitation order may impose a drug testing requirement only if it also imposes a drug treatment requirement.

(2) A court may not include a drug testing requirement in a youth rehabilitation order unless the following conditions are met—

(a) the availability condition, and

(b) the consent condition.

(3) The availability condition is that 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are in force in the local justice area in which the offender resides or is to reside (and the notice has not been withdrawn).

(4) The consent condition is that the offender has expressed willingness to comply with the requirement.