The Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2018

EXPLANATORY NOTE

(This note is not part of the Order)

Section 76 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (the 2012 Act), inserts section 212A in the Criminal Justice Act 2003 (c. 44). This provides that an alcohol abstinence and monitoring requirement can be imposed as part of a requirement of a community order or a suspended sentence order.

Section 212A(6) sets out that arrangements for monitoring under such a requirement must be consistent with those prescribed by the Secretary of State by Order and an alcohol abstinence and monitoring requirement may not be imposed unless such an Order is in force. Article 3 of this Order prescribes, as required by that section, that the arrangement for monitoring is by means of a transdermal electronic tag. A transdermal electronic tag is a tag fitted to an offender to measure the level of alcohol contained in the offender’s sweat.

Section 77 of the 2012 Act allows for piloting of section 212A and the Orders being revoked under Article 2 of this Order all prescribe a transdermal electronic tag as the arrangement for monitoring alcohol abstinence and monitoring requirements for each pilot. The Orders being revoked tied the arrangement to the piloting Orders made under section 77 of the 2012 Act for the duration and areas of each pilot. This required a further Order prescribing the monitoring arrangement to be laid for the extension of any existing pilot or for any new pilot. The only technology being piloted under section 77 is that of transdermal electronic tags. This Order specifies that arrangement for the purposes of section 212A and will apply for any pilot under section 77 and therefore negates the need for further negative Orders for the purposes of further piloting.

A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.