- Latest available (Revised)
- Point in Time (14/12/2001)
- Original (As enacted)
Point in time view as at 14/12/2001. This version of this provision has been superseded.
You are viewing this legislation item as it stood at a particular point in time. A later version of this or provision, including subsequent changes and effects, supersedes this version.
Note the term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section.
Powers of Criminal Courts (Sentencing) Act 2000, Section 42 is up to date with all changes known to be in force on or before 29 August 2024. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.
Changes and effects yet to be applied by the editorial team are only applicable when viewing the latest version or prospective version of legislation. They are therefore not accessible when viewing legislation as at a specific point in time. To view the ‘Changes to Legislation’ information for this provision return to the latest version view using the options provided in the ‘What Version’ box above.
(1)Subject to subsection (3) below, a [F1community rehabilitation order] may in addition require the offender to comply during the whole or any part of the [F2community rehabilitation period] with such requirements as the court, having regard to the circumstances of the case, considers desirable in the interests of—
(a)securing the rehabilitation of the offender; or
(b)protecting the public from harm from him or preventing the commission by him of further offences.
(2)Without prejudice to the generality of subsection (1) above,
[F3(a)]the additional requirements which may be included in a [F1community rehabilitation order] shall include the requirements which are authorised by Schedule 2 to this Act..
[F4(b)subject to subsections (2D) and (2F) below, the order shall, if the first set of conditions is satisfied, include a drug abstinence requirement and may include such a requirement if the second set of conditions is satisfied.
(2A)For the purposes of this Part of this Act, a drug abstinence requirement is a requirement for the offender—
(a)to abstain from misusing specified Class A drugs; and
(b)to provide, when instructed to do so by the responsible officer, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug in his body.
(2B)The first set of conditions is—
(a)that the offender was aged 18 or over on the date of his conviction for the offence;
(b)that, in the opinion of the court, the offender is dependent on or has a propensity to misuse specified Class A drugs; and
(c)that the offence is a trigger offence.
(2C)The second set of conditions is—
(a)that the offender was aged 18 or over on the date of his conviction for the offence; and
(b)that, in the opinion of the court—
(i)the offender is dependent on or has a propensity to misuse specified Class A drugs; and
(ii)the misuse by the offender of any specified Class A drug caused or contributed to the offence.
(2D)The order may not include a drug abstinence requirement if—
(a)the community rehabilitation order includes any requirement in respect of drugs under paragraph 6 of Schedule 2 to this Act; or
(b)the community sentence includes a drug treatment and testing order or a drug abstinence order.
(2E)The function of giving instructions for the purposes of subsection (2A)(b) above shall be exercised in accordance with guidance given from time to time by the Secretary of State; and the Secretary of State may make rules for regulating the provision of samples in pursuance of such instructions.
(2F)The court shall not include a drug abstinence requirement in the order unless the court has been notified by the Secretary of State that arrangements for implementing such requirements are available in the area proposed to be specified under section 41(3) above and the notice has not been withdrawn.]
(3)Without prejudice to the power of the court under section 130 below to make a compensation order, the payment of sums by way of damages for injury or compensation for loss shall not be included among the additional requirements of a [F1community rehabilitation order].
Textual Amendments
F1Words in s. 42 and the sidenote substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. I para. 1(1)(2); S.I. 2001/919, art. 2(f)(i)
F2Words in s. 42(1) substituted (1.4.2001) by 2000 c. 43, s. 74, Sch. 7 Pt. II para. 166; S.I. 2001/919, art. 2(f)(ii)
F3Words in s. 42(2) renumbered as s. 42(2)(a) (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 49(1)(a); S.I. 2001/2232, art. 2(c)
F4S. 42(2)(b)(2A)-(2F) inserted (20.6.2001 for specified purposes otherwise 2.7.2001) by 2000 c. 43, s. 49(1)(b); S.I. 2001/2232, art. 2(c)
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download.
Would you like to continue?
The Whole Act you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
The Schedules you have selected contains over 200 provisions and might take some time to download. You may also experience some issues with your browser, such as an alert box that a script is taking a long time to run.
Would you like to continue?
Latest Available (revised):The latest available updated version of the legislation incorporating changes made by subsequent legislation and applied by our editorial team. Changes we have not yet applied to the text, can be found in the ‘Changes to Legislation’ area.
Original (As Enacted or Made): The original version of the legislation as it stood when it was enacted or made. No changes have been applied to the text.
Point in Time: This becomes available after navigating to view revised legislation as it stood at a certain point in time via Advanced Features > Show Timeline of Changes or via a point in time advanced search.
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Access essential accompanying documents and information for this legislation item from this tab. Dependent on the legislation item being viewed this may include:
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Use this menu to access essential accompanying documents and information for this legislation item. Dependent on the legislation item being viewed this may include:
Click 'View More' or select 'More Resources' tab for additional information including: