Valid from 25/08/2000

Part IV U.K. Community orders and reparation orders

Modifications etc. (not altering text)

C1 Pt. IV applied (with modifications) (25.8.2000) by 1997 c. 43, s. 35(4)(b)(5) (as substituted (25.8.2000) by 2000 c. 6, ss. 165, 168(1), Sch. 9 para. 184(3))

Chapter III U.K. Community orders available only where offender aged 16 or over

Drug treatment and testing orders E+W

54 Provisions of order as to supervision and periodic review. E+W

(1) A drug treatment and testing order shall include a provision specifying the petty sessions area in which it appears to the court making the order that the offender resides or will reside.

(2) A drug treatment and testing order shall provide that, for the treatment and testing period, the offender shall be under the supervision of a probation officer appointed for or assigned to the petty sessions area specified in the order.

(3) In this Act “responsible officer”, in relation to an offender who is subject to a drug treatment and testing order, means the probation officer responsible for his supervision.

(4) A drug treatment and testing order shall—

(a) require the offender to keep in touch with the responsible officer in accordance with such instructions as he may from time to time be given by that officer, and to notify him of any change of address; and

(b) provide that the results of the tests carried out on the samples provided by the offender in pursuance of the testing requirement shall be communicated to the responsible officer.

(5) Supervision by the responsible officer shall be carried out to such extent only as may be necessary for the purpose of enabling him—

(a) to report on the offender’s progress to the court responsible for the order;

(b) to report to that court any failure by the offender to comply with the requirements of the order; and

(c) to determine whether the circumstances are such that he should apply to that court for the revocation or amendment of the order.

(6) A drug treatment and testing order shall—

(a) provide for the order to be reviewed periodically at intervals of not less than one month;

(b) provide for each review of the order to be made, subject to section 55(6) below, at a hearing held for the purpose by the court responsible for the order (a “review hearing”);

(c) require the offender to attend each review hearing;

(d) provide for the responsible officer to make to the court responsible for the order, before each review, a report in writing on the offender’s progress under the order; and

(e) provide for each such report to include the test results communicated to the responsible officer under subsection (4)(b) above and the views of the treatment provider as to the treatment and testing of the offender.

(7) In this section references to the court responsible for a drug treatment and testing order are references to—

(a) where a court is specified in the order in accordance with subsection (8) below, that court;

(b) in any other case, the court by which the order is made.

(8) Where the area specified in a drug treatment and testing order made by a magistrates’ court is not the area for which the court acts, the court may, if it thinks fit, include in the order provision specifying for the purposes of subsection (7) above a magistrates’ court which acts for the area specified in the order.

(9) Where a drug treatment and testing order has been made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, for the purposes of subsection (7)(b) above it shall be deemed to have been made by the Crown Court.