Sentencing Act 2020 (c. 17)

SCHEDULES

SCHEDULE 9 E+W Community orders and suspended sentence orders: requirements

Modifications etc. (not altering text)

C1 Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C2 Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C3 Sch. 9 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C4 Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

PART 11 E+W Alcohol treatment requirement

Requirement E+W

23 (1) In this Code “alcohol treatment requirement”, in relation to a relevant order, means a requirement that during a period specified in the order the offender must submit to alcohol dependency treatment, which may be— E+W

(a) resident treatment,

(b) institution-based treatment, or

(c) practitioner-based treatment.

(2) In this paragraph—

• “alcohol dependency treatment”, in relation to an offender, means treatment which is—

  (a)

  by or under the direction of a person who has the necessary qualifications or experience (“the treatment director”), and

  (b)

  with a view to reducing or eliminating the offender's dependency on alcohol;

• “resident treatment” means treatment as a resident in an institution or place;

• “institution-based treatment” means treatment as a non-resident at an institution or place;

• “practitioner-based treatment” means treatment by or under the direction of the treatment director.

(3) Sub-paragraphs (4) and (5) apply to a relevant order which imposes an alcohol treatment requirement.

(4) The order may specify separate periods comprising the period specified under sub-paragraph (1).

(5) For each treatment period, the order must specify—

(a) the treatment director;

(b) whether the alcohol dependency treatment is to be resident treatment, institution-based treatment or practitioner-based treatment;

(c) if it is to be resident treatment, the institution or place where it is to be provided;

(d) if it is to be institution-based treatment—

(i) the institution or place where it is to be provided, and

(ii) the intervals at which it is to be provided;

but must not otherwise specify the nature of the treatment.

(6) In sub-paragraph (5), “treatment period” means—

(a) if the order specifies separate periods under sub-paragraph (4), any of those periods;

(b) otherwise, the period specified under sub-paragraph (1).

Modifications etc. (not altering text)

C5 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I1 Sch. 9 para. 23 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Restrictions on imposing alcohol treatment requirement E+W

24 (1) A court may not impose an alcohol treatment requirement unless the following conditions are met— E+W

(a) the need for treatment condition,

(b) the arrangements condition, and

(c) the consent condition.

(2) The need for treatment condition is that the court is satisfied—

(a) that the offender is dependent on alcohol, and

(b) that the offender's dependency—

(i) requires treatment, and

(ii) may be susceptible to treatment.

(3) The arrangements condition is that the court is satisfied that arrangements—

(a) have been made, or

(b) can be made,

for the treatment intended to be specified in the order.

Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to treatment as a resident.

(4) The consent condition is that the offender expresses willingness to comply with the requirement.

Modifications etc. (not altering text)

C5 Sch. 9 paras. 23-35 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement Information

I2 Sch. 9 para. 24 in force at 1.12.2020 by S.I. 2020/1236, reg. 2