Criminal Justice Act 2003

212 Alcohol treatment requirement E+W

(1) In this Part “alcohol treatment requirement”, in relation to a community order or suspended sentence order, means a requirement that the offender must submit during a period specified in the order to treatment by or under the direction of a specified person having the necessary qualifications or experience with a view to the reduction or elimination of the offender’s dependency on alcohol.

(2) A court may not impose an alcohol treatment requirement in respect of an offender unless it is satisfied—

(a) that he is dependent on alcohol,

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

(c) 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).

(3) A court may not impose an alcohol treatment requirement unless the offender expresses his willingness to comply with its requirements.

(4) The period for which the alcohol treatment requirement has effect must be not less than six months.

(5) The treatment required by an alcohol treatment requirement for any particular period must be—

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

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

(c) treatment by or under the direction of such person having the necessary qualification or experience as may be so specified;

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

Commencement Information

I1 S. 212 wholly in force at 4.4.2005, see s. 336(3) and S.I. 2005/950, art. 2(1), Sch. 1 para. 13 (subject to art. 2(2), Sch. 2)