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Criminal Justice and Immigration Act 2008

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Changes over time for: Paragraph 22

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No versions valid at: 03/11/2008

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Point in time view as at 03/11/2008. This version of this cross heading contains provisions that are not valid for this point in time. Help about Status

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Criminal Justice and Immigration Act 2008, Paragraph 22 is up to date with all changes known to be in force on or before 30 January 2025. 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. Help about Changes to Legislation

Valid from 30/11/2009

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22(1)In this Part of this Act, “drug treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods specified in the order, to treatment, by or under the direction of a person so specified having the necessary qualifications or experience (“the treatment provider”), with a view to the reduction or elimination of the offender's dependency on, or propensity to misuse, drugs.E+W

(2)A court may not include a drug treatment requirement in a youth rehabilitation order unless it is satisfied—

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

(b)that the offender's dependency or propensity is such as requires and may be susceptible to treatment.

(3)The treatment required during a period specified under sub-paragraph (1) must be such one of the following kinds of treatment as may be specified in the youth rehabilitation order—

(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 order must not otherwise specify the nature of the treatment.

(4)A court may not include a drug treatment requirement in a youth rehabilitation order unless—

(a)the court has been notified by the Secretary of State that arrangements for implementing drug treatment requirements are in force in the local justice area in which the offender resides or is to reside,

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

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

(d)the offender has expressed willingness to comply with the requirement.

(5)In this paragraph “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38).

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