Sentencing Act 2020

RequirementE+W

23(1)In this Code “alcohol treatment requirement”, in relation to a relevant order, means a requirement that during a period specified in the order the offender must submit to alcohol dependency treatment, which may be—E+W

(a)resident treatment,

(b)institution-based treatment, or

(c)practitioner-based treatment.

(2)In this paragraph—

  • “alcohol dependency treatment”, in relation to an offender, means treatment which is—

    (a)

    by or under the direction of a person who has the necessary qualifications or experience (“the treatment director”), and

    (b)

    with a view to reducing or eliminating the offender's dependency on alcohol;

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

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

  • “practitioner-based treatment” means treatment by or under the direction of the treatment director.

(3)Sub-paragraphs (4) and (5) apply to a relevant order which imposes an alcohol treatment requirement.

(4)The order may specify separate periods comprising the period specified under sub-paragraph (1).

(5)For each treatment period, the order must specify—

(a)the treatment director;

(b)whether the alcohol dependency treatment is to be resident treatment, institution-based treatment or practitioner-based treatment;

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

(d)if it is to be institution-based treatment—

(i)the institution or place where it is to be provided, and

(ii)the intervals at which it is to be provided;

but must not otherwise specify the nature of the treatment.

(6)In sub-paragraph (5), “treatment period” means—

(a)if the order specifies separate periods under sub-paragraph (4), any of those periods;

(b)otherwise, the period specified under sub-paragraph (1).

Modifications etc. (not altering text)

C1Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1Sch. 9 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2