Sentencing Act 2020

Requirement

25 (1) In this Code “alcohol abstinence and monitoring requirement”, in relation to a relevant order, means a requirement that, during a particular period (“the abstinence and monitoring period”), the offender—

(a) must—

(i) abstain from consuming alcohol, or

(ii) not consume alcohol so that at any time during the abstinence and monitoring period there is more than a particular level of alcohol in the offender’s body, and

(b) must submit to monitoring in accordance with particular arrangements for the purpose of ascertaining whether the offender is complying with provision under paragraph (a).

Paragraph (a) is subject to sub-paragraph (3).

(2) A relevant order that includes an alcohol abstinence and monitoring requirement must specify—

(a) the abstinence and monitoring period;

(b) if the order imposes a requirement falling within sub-paragraph (1)(a)(ii), the level of alcohol;

(c) the arrangements for monitoring.

(3) A relevant order that includes an alcohol abstinence and monitoring requirement may specify exceptions from any requirement imposed under sub-paragraph (1)(a); if it does so the requirement has effect subject to those exceptions.

(4) The abstinence and monitoring period must be—

(a) if a minimum period is prescribed under sub-paragraph (7)(a), not less than that minimum period, and

(b) not more than 120 days.

(5) The level of alcohol specified under sub-paragraph (2)(b) must be the level prescribed under sub-paragraph (7)(b).

(6) The arrangements for monitoring specified under sub-paragraph (2)(c) must be consistent with those prescribed by regulations under sub-paragraph (7)(c).

(7) The Secretary of State may by regulations prescribe—

(a) a minimum period as the abstinence and monitoring period;

(b) a level of alcohol for the purposes of sub-paragraph (1)(a)(ii);

(c) arrangements for monitoring for the purposes of sub-paragraph (1)(b).

(8) Regulations under sub-paragraph (7)(b) may prescribe a level—

(a) by reference to the proportion of alcohol in any one or more of an offender’s breath, blood, urine or sweat, or

(b) by some other means.

(9) Regulations under sub-paragraph (7)(c) may in particular prescribe—

(a) arrangement for monitoring by electronic means;

(b) arrangements for monitoring by other means of testing.

(10) Regulations under sub-paragraph (7) are subject to the negative resolution procedure.

(11) In this paragraph and paragraph 26, “alcohol” includes anything containing alcohol.