Criminal Justice Act 2003

Section 279

SCHEDULE 24 E+W Drug treatment and testing requirement in action plan order or supervision order

1 (1) Section 70 of the Sentencing Act (requirements which may be included in action plan orders and directions) is amended as follows.

(2) After subsection (4) there is inserted—

“(4A) Subsection (4B) below applies where a court proposing to make an action plan order is satisfied—

(a) that the offender is dependent on, or has a propensity to misuse, drugs, and

(b) that his dependency or propensity is such as requires and may be susceptible to treatment.

(4B) Where this subsection applies, requirements included in an action plan order may require the offender for a period specified in the order (“the treatment period”) to submit to treatment by or under the direction of a specified person having the necessary qualifications and experience (“the treatment provider”) with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs.

(4C) The required treatment shall be—

(a) treatment as a resident in such institution or place as may be specified in the order, or

(b) treatment as a non-resident at such institution or place, and at such intervals, as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.

(4D) A requirement shall not be included in an action plan order by virtue of subsection (4B) above—

(a) in any case, unless—

(i) the court is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident), and

(ii) the requirement has been recommended to the court as suitable for the offender by an officer of a local probation board or by a member of a youth offending team; and

(b) in the case of an order made or to be made in respect of a person aged 14 or over, unless he consents to its inclusion.

(4E) Subject to subsection (4F), an action plan order which includes a requirement by virtue of subsection (4B) above may, if the offender is aged 14 or over, also include a requirement (“a testing requirement”) that, for the purpose of ascertaining whether he has any drug in his body during the treatment period, the offender shall during that period, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or the treatment provider, provide samples of such description as may be so determined.

(4F) A testing requirement shall not be included in an action plan order by virtue of subsection (4E) above unless—

(a) the offender is aged 14 or over and consents to its inclusion, and

(b) the court has been notified by the Secretary of State that arrangements for implementing such requirements are in force in the area proposed to be specified in the order

(4G) A testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided.

(4H) An action plan order including a testing requirement shall provide for the results of tests carried out on any samples provided by the offender in pursuance of the requirement to a person other than the responsible officer to be communicated to the responsible officer.”

Commencement Information

I1 Sch. 24 partly in force; Sch. 24 not in force at Royal Assent, see s. 336(3); Sch. 24 in force for certain purposes at 1.12.2004 by S.I. 2004/3033, art. 2(1)(2) (subject to art. 2(3)(4))

2 (1) Schedule 6 to the Sentencing Act (requirements which may be included in supervision orders) is amended as follows.

(2) In paragraph 1, after “6” there is inserted “ ,6A ”.

(3) After paragraph 6 there is inserted—

“6A “Requirements as to drug treatment and testing

“6A (1) This paragraph applies where a court proposing to make a supervision order is satisfied—

(a) that the offender is dependent on, or has a propensity to misuse, drugs, and

(b) that his dependency or propensity is such as requires and may be susceptible to treatment.

(2) Where this paragraph applies, the court may include in the supervision order a requirement that the offender shall, for a period specified in the order (“the treatment period”), submit to treatment by or under the direction of a specified person having the necessary qualifications and experience (“the treatment provider”) with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs.

(3) The required treatment shall be—

(a) treatment as a resident in such institution or place as may be specified in the order, or

(b) treatment as a non-resident at such institution or place, and at such intervals, as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.

(4) A requirement shall not be included in a supervision order by virtue of sub-paragraph (2) above—

(a) in any case, unless—

(i) the court is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident), and

(ii) the requirement has been recommended to the court as suitable for the offender by an officer of a local probation board or by a member of a youth offending team; and

(b) in the case of an order made or to be made in respect of a person aged 14 or over, unless he consents to its inclusion.

(5) Subject to sub-paragraph (6), a supervision order which includes a treatment requirement may also include a requirement (“a testing requirement”) that, for the purpose of ascertaining whether he has any drug in his body during the treatment period, the offender shall during that period, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the supervisor or the treatment provider, provide samples of such description as may be so determined.

(6) A testing requirement shall not be included in a supervision order by virtue of sub-paragraph (5) above unless—

(a) the offender is aged 14 or over and consents to its inclusion, and

(b) the court has been notified by the Secretary of State that arrangements for implementing such requirements are in force in the area proposed to be specified in the order.

(7) A testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided.

(8) A supervision order including a testing requirement shall provide for the results of tests carried out on any samples provided by the offender in pursuance of the requirement to a person other than the supervisor to be communicated to the supervisor.”

Commencement Information

I2 Sch. 24 partly in force; Sch. 24 not in force at Royal Assent, see s. 336(3); Sch. 24 in force for certain purposes at 1.12.2004 by S.I. 2004/3033, art. 2(1)(2) (subject to art. 2(3)(4))

3 In Schedule 7 to the Sentencing Act (breach, revocation and amendment of supervision orders), in paragraph 2(1), before “or 7” there is inserted “ ,6A ”.

Commencement Information

I3 Sch. 24 partly in force; Sch. 24 not in force at Royal Assent, see s. 336(3); Sch. 24 in force for certain purposes at 1.12.2004 by S.I. 2004/3033, art. 2(1)(2) (subject to art. 2(3)(4))