Sentencing Act 2020

PART 15 Intoxicating substance treatment requirement

Requirement

36 (1) In this Code “intoxicating substance treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods (each, a “treatment period”) to substance abuse treatment.

Such treatment may be resident treatment or non-resident treatment.

(2) In this paragraph—

• “substance abuse treatment” means treatment which is—

  (a)

  by or under the direction of a person having the necessary qualifications or experience, and

  (b)

  with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse intoxicating substances;

• “resident treatment” means treatment as a resident in a particular institution or place;

• “non-resident treatment” means treatment as a non-resident at a particular institution or place;

• “the treatment director” means the person by or under whose direction the treatment is to be provided.

(3) A youth rehabilitation order which imposes an intoxicating substance treatment requirement must specify—

(a) the treatment period or treatment periods, and

(b) for each treatment period—

(i) the treatment director;

(ii) if the treatment is to be resident treatment, the institution or place where it is to be provided;

(iii) if it is to be non-resident treatment, the institution or place where, and the intervals at which, it is to be provided;

but must not otherwise specify the nature of the treatment.

Restrictions on imposing intoxicating substance treatment requirement

37 (1) A court may not include an intoxicating substance treatment requirement in a youth rehabilitation order unless the following conditions are met—

(a) the need for treatment condition,

(b) the arrangements condition,

(c) the suitability condition, and

(d) the consent condition.

(2) The need for treatment condition is that the court is satisfied—

(a) that the offender—

(i) is dependent on intoxicating substances, or

(ii) has a propensity to misuse intoxicating substances, and

(b) that the offender’s dependency or propensity—

(i) requires treatment, and

(ii) may be susceptible to treatment.

(3) The arrangements condition is that the court is satisfied that arrangements—

(a) have been made, or

(b) can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender if that treatment is, or includes, resident treatment (within the meaning given in paragraph 36(2)).

(4) The suitability condition is that the requirement has been recommended to the court as suitable for the offender by—

(a) a member of a youth offending team, or

(b) an officer of a provider of probation services.

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

Meaning of “intoxicating substance”

38 In this Part of this Schedule “intoxicating substance” means—

(a) alcohol, or

(b) any other substance or product which—

(i) can be used for the purpose of causing intoxication (whether through inhaling it or its fumes or otherwise), and

(ii) is not a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971.