Offender Rehabilitation Act 2014

Section 2

SCHEDULE 1 Supervision requirements

PART 1 General

1 In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release, licences and recall), after section 256AA insert—

“256AB Supervision requirements under section 256AA

(1) The only requirements that the Secretary of State may specify in a notice under section 256AA are—

(a) a requirement to be of good behaviour and not to behave in a way which undermines the purpose of the supervision period;

(b) a requirement not to commit any offence;

(c) a requirement to keep in touch with the supervisor in accordance with instructions given by the supervisor;

(d) a requirement to receive visits from the supervisor in accordance with instructions given by the supervisor;

(e) a requirement to reside permanently at an address approved by the supervisor and to obtain the prior permission of the supervisor for any stay of one or more nights at a different address;

(f) a requirement not to undertake work, or a particular type of work, unless it is approved by the supervisor and to notify the supervisor in advance of any proposal to undertake work or a particular type of work;

(g) a requirement not to travel outside the British Islands, except with the prior permission of the supervisor or in order to comply with a legal obligation (whether or not arising under the law of any part of the British Islands);

(h) a requirement to participate in activities in accordance with any instructions given by the supervisor;

(i) a drug testing requirement (see section 256D);

(j) a drug appointment requirement (see section 256E).

(2) Where a requirement is imposed under subsection (1)(h), section 200A (5) to (10) apply in relation to the requirement (reading references to the responsible officer as references to the supervisor).

(3) Paragraphs (i) and (j) of subsection (1) have effect subject to the restrictions in sections 256D(2) and 256E(2).

(4) The Secretary of State may by order—

(a) add requirements that may be specified in a notice under section 256AA,

(b) remove or amend such requirements,

(c) make provision about such requirements, including about the circumstances in which they may be imposed, and

(d) make provision about instructions given for the purposes of such requirements.

(5) An order under subsection (4) may amend this Act.

(6) In this section “work” includes paid and unpaid work.”

PART 2 Drugs

2 In Chapter 6 of Part 12 of the Criminal Justice Act 2003 (sentencing: release, licences and recall), after section 256C insert—

“256D Drug testing requirements

(1) “Drug testing requirement”, in relation to an offender subject to supervision under this Chapter, means a requirement that, when instructed to do so by the supervisor, the offender provide a sample mentioned in the instruction for the purpose of ascertaining whether the offender has a specified Class A drug or a specified Class B drug in his or her body.

(2) A drug testing requirement may be imposed on an offender subject to supervision under this Chapter only if—

(a) the Secretary of State is satisfied of the matters in subsection (3), and

(b) the requirement is being imposed for the purpose of determining whether the offender is complying with any other supervision requirement.

(3) Those matters are—

(a) that the misuse by the offender of a specified class A drug or a specified class B drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender, and

(b) that the offender is dependent on, or has a propensity to misuse, a specified class A drug or a specified class B drug.

(4) An instruction given for the purpose of a drug testing requirement must be given in accordance with guidance given from time to time by the Secretary of State.

(5) The Secretary of State may make rules regulating the provision of samples in accordance with such an instruction.

(6) In this section, “specified Class A drug” and “specified Class B drug” have the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000.

256E Drug appointment requirements

(1) “Drug appointment requirement”, in relation to an offender subject to supervision under this Chapter, means a requirement that the offender, in accordance with instructions given by the supervisor, attend appointments with a view to addressing the offender’s dependency on, or propensity to misuse, a controlled drug.

(2) A drug appointment requirement may be imposed on an offender subject to supervision under this Chapter only if—

(a) the supervisor has recommended to the Secretary of State that such a requirement be imposed on the offender, and

(b) the Secretary of State is satisfied of the matters in subsection (3).

(3) Those matters are—

(a) that the misuse by the offender of a controlled drug caused or contributed to an offence of which the offender has been convicted or is likely to cause or contribute to the commission of further offences by the offender,

(b) that the offender is dependent on, or has a propensity to misuse, a controlled drug,

(c) that the dependency or propensity requires, and may be susceptible to, treatment, and

(d) that arrangements have been made, or can be made, for the offender to have treatment.

(4) The requirement must specify—

(a) the person with whom the offender is to meet or under whose direction the appointments are to take place, and

(b) where the appointments are to take place.

(5) The person specified under subsection (4)(a) must be a person who has the necessary qualifications or experience.

(6) The only instructions that the supervisor may give for the purposes of the requirement are instructions as to—

(a) the duration of each appointment, and

(b) when each appointment is to take place.

(7) For the purposes of this section, references to a requirement to attend an appointment do not include a requirement to submit to treatment.

(8) In this section, “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.”