PART XI Sentencing

F1 Non-harassment orders

Annotations:
Amendments (Textual)
F1

S. 234A and cross-heading inserted (16.6.1997) by 1997 c. 40, s. 11; S.I. 1997/1418, art. 2

F2234H Disposal on revocation of drugs treatment and testing order.

1

Where the court revokes a drugs treatment and testing order under section 234E(3)(b), 234F(4) or 234G(2)(c) of this Act, it may dispose of the offender in any way which would have been competent at the time when the order was made.

2

In disposing of an offender under subsection (1) above, the court shall have regard to the time for which the order has been in operation.

3

Where the court revokes a drug treatment and testing order as mentioned in subsection (1) above and the offender is subject to—

a

a probation order, by virtue of section 234J of this Act; or

b

a restriction of liberty order, by virtue of section 245D of this Act; or

c

a restriction of liberty order and a probation order, by virtue of the said section 245D,

the court shall, before disposing of the offender under subsection (1) above—

i

where he is subject to a probation order, discharge that order;

ii

where he is subject to a restriction of liberty order, revoke that order; and

iii

where he is subject to both such orders, discharge the probation order and revoke the restriction of liberty order.

F34

This section is subject to section 42(8) of the Criminal Justice (Scotland) Act 2003 (asp 7)(powers of drugs court).