Office of Public Sector Information
PART IV continued CHAPTER III continued
(1) A drug treatment and testing order shall include a requirement (“the treatment requirement”) that the offender shall submit, during the whole of the treatment and testing period, to treatment by or under the direction of a specified person 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.
(2) The required treatment for any particular period shall be—
(a) treatment as a resident in such institution or place as may be specified in the order; or
(b) treatment as a non-resident in or at such institution or place, and at such intervals, as may be so specified;
but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.
(3) A court shall not make a drug treatment and testing order unless it is satisfied 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).
(4) A drug treatment and testing order shall include a requirement (“the testing requirement”) that, for the purpose of ascertaining whether he has any drug in his body during the treatment and testing period, the offender shall during that period, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the treatment provider, provide samples of such description as may be so determined.
(5) The testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided.
(1) A drug treatment and testing order shall include a provision specifying the petty sessions area in which it appears to the court making the order that the offender resides or will reside.
(2) A drug treatment and testing order shall provide that, for the treatment and testing period, the offender shall be under the supervision of a probation officer appointed for or assigned to the petty sessions area specified in the order.
(3) In this Act “responsible officer”, in relation to an offender who is subject to a drug treatment and testing order, means the probation officer responsible for his supervision.
(4) A drug treatment and testing order shall—
(a) require the offender to keep in touch with the responsible officer in accordance with such instructions as he may from time to time be given by that officer, and to notify him of any change of address; and
(b) provide that the results of the tests carried out on the samples provided by the offender in pursuance of the testing requirement shall be communicated to the responsible officer.
(5) Supervision by the responsible officer shall be carried out to such extent only as may be necessary for the purpose of enabling him—
(a) to report on the offender’s progress to the court responsible for the order;
(b) to report to that court any failure by the offender to comply with the requirements of the order; and
(c) to determine whether the circumstances are such that he should apply to that court for the revocation or amendment of the order.
(6) A drug treatment and testing order shall—
(a) provide for the order to be reviewed periodically at intervals of not less than one month;
(b) provide for each review of the order to be made, subject to section 55(6) below, at a hearing held for the purpose by the court responsible for the order (a “review hearing”);
(c) require the offender to attend each review hearing;
(d) provide for the responsible officer to make to the court responsible for the order, before each review, a report in writing on the offender’s progress under the order; and
(e) provide for each such report to include the test results communicated to the responsible officer under subsection (4)(b) above and the views of the treatment provider as to the treatment and testing of the offender.
(7) In this section references to the court responsible for a drug treatment and testing order are references to—
(a) where a court is specified in the order in accordance with subsection (8) below, that court;
(b) in any other case, the court by which the order is made.
(8) Where the area specified in a drug treatment and testing order made by a magistrates' court is not the area for which the court acts, the court may, if it thinks fit, include in the order provision specifying for the purposes of subsection (7) above a magistrates' court which acts for the area specified in the order.
(9) Where a drug treatment and testing order has been made on an appeal brought from the Crown Court or from the criminal division of the Court of Appeal, for the purposes of subsection (7)(b) above it shall be deemed to have been made by the Crown Court.
(1) At a review hearing (within the meaning given by subsection (6) of section 54 above) the court may, after considering the responsible officer’s report referred to in that subsection, amend any requirement or provision of the drug treatment and testing order.
(2) The court—
(a) shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended;
(b) shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in section 52(1) above, or to increase it above the maximum so specified; and
(c) except with the consent of the offender, shall not amend any requirement or provision of the order while an appeal against the order is pending.
(3) If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may—
(a) revoke the order; and
(b) deal with him, for the offence in respect of which the order was made, in any way in which it could deal with him if he had just been convicted by the court of the offence.
(4) In dealing with the offender under subsection (3)(b) above, the court—
(a) shall take into account the extent to which the offender has complied with the requirements of the order; and
(b) may impose a custodial sentence (where the order was made in respect of an offence punishable with such a sentence) notwithstanding anything in section 79(2) below.
(5) Where the order was made by a magistrates' court in the case of an offender under 18 years of age in respect of an offence triable only on indictment in the case of an adult, any powers exercisable under subsection (3)(b) above in respect of the offender after he attains the age of 18 shall be powers to do either or both of the following—
(a) to impose a fine not exceeding £5,000 for the offence in respect of which the order was made;
(b) to deal with the offender for that offence in any way in which the court could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding six months.
(6) If at a review hearing the court, after considering the responsible officer’s report, is of the opinion that the offender’s progress under the order is satisfactory, the court may so amend the order as to provide for each subsequent review to be made by the court without a hearing.
(7) If at a review without a hearing the court, after considering the responsible officer’s report, is of the opinion that the offender’s progress under the order is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.
(8) At that hearing the court, after considering that report, may—
(a) exercise the powers conferred by this section as if the hearing were a review hearing; and
(b) so amend the order as to provide for each subsequent review to be made at a review hearing.
(9) In this section any reference to the court, in relation to a review without a hearing, shall be construed—
(a) in the case of the Crown Court, as a reference to a judge of the court;
(b) in the case of a magistrates' court, as a reference to a justice of the peace acting for the commission area for which the court acts.
Schedule 3 to this Act (which makes provision for dealing with failures to comply with the requirements of certain community orders, for revoking such orders with or without the substitution of other sentences and for amending such orders) shall have effect so far as relating to drug treatment and testing orders.
(1) Where a drug treatment and testing order is made, the court making the order shall (subject to subsection (3) below) forthwith give copies of the order to a probation officer assigned to the court.
(2) Where such an order is amended under section 55(1) above, the court amending the order shall forthwith give copies of the order as amended to a probation officer so assigned.
(3) Where a drug treatment and testing order is made by a magistrates' court and another magistrates' court is responsible for the order (within the meaning given by section 54(7) above) by virtue of being specified in the order in accordance with section 54(8)—
(a) the court making the order shall not give copies of it as mentioned in subsection (1) above but shall forthwith send copies of it to the court responsible for the order; and
(b) that court shall, as soon as reasonably practicable after the order is made, give copies of it to a probation officer assigned to that court.
(4) A probation officer to whom copies of an order are given under this section shall give a copy to—
(a) the offender;
(b) the treatment provider; and
(c) the responsible officer.
The Secretary of State may by order amend subsection (1) of section 52 above by substituting a different period for the minimum or maximum period for the time being specified in that subsection.
(1) This section applies where—
(a) a person aged 16 or over is convicted of an offence;
(b) the court by or before which he is convicted is satisfied that each of the conditions mentioned in subsection (2) below is fulfilled; and
(c) if it were not so satisfied, the court would be minded to impose a fine in respect of the offence.
(2) The conditions are that—
(a) one or more fines imposed on the offender in respect of one or more previous offences have not been paid; and
(b) if a fine were imposed in an amount which was commensurate with the seriousness of the offence, the offender would not have sufficient means to pay it.
(3) The court may—
(a) subject to subsections (5) and (7) below, make a curfew order under section 37(1) above, or
(b) subject to subsections (6) and (7) below, make a community service order under section 46(1) above,
in respect of the offender instead of imposing a fine.
(4) Subsection (3) above applies notwithstanding anything in subsections (1) and (3)(b) of section 35 above (restrictions on imposing community sentences).
(5) Section 37(1) above (curfew orders) shall apply for the purposes of subsection (3)(a) above as if for the words from the beginning to “make” there were substituted “Where section 59 below applies, the court may make in respect of the offender”; and—
(a) section 37(3), (5) to (8) and (10) to (12), and
(b) so far as applicable, the other provisions of this Part relating to curfew orders,
have effect in relation to a curfew order made by virtue of this section as they have effect in relation to any other curfew order.
(6) Section 46(1) above (community service orders) shall apply for the purposes of subsection (3)(b) above as if for the words from the beginning to “make” there were substituted “Where section 59 below applies, the court may make in respect of the offender”; and—
(a) section 46(3) and (4), and
(b) so far as applicable, the following provisions of section 46 and the other provisions of this Part relating to community service orders,
have effect in relation to a community service order made by virtue of this section as they have effect in relation to any other community service order.
(7) A court shall not make an order by virtue of subsection (3)(a) or (b) above unless the court has been notified by the Secretary of State that arrangements for implementing orders so made are available in the relevant area and the notice has not been withdrawn.
(8) In subsection (7) above “the relevant area” means—
(a) in relation to a curfew order, the area in which the place proposed to be specified in the order is situated;
(b) in relation to a community service order, the area proposed to be specified in the order.
(1) Where—
(a) (subject to sections 34 to 36 above) a person aged under 21 is convicted by or before a court of an offence punishable with imprisonment, or
(b) a court would have power, but for section 89 below (restrictions on imprisonment of young offenders and defaulters), to commit a person aged under 21 to prison in default of payment of any sum of money or for failing to do or abstain from doing anything required to be done or left undone, or
(c) a court has power to commit a person aged at least 21 but under 25 to prison in default of payment of any sum of money,
the court may, if it has been notified by the Secretary of State that an attendance centre is available for the reception of persons of his description, order him to attend at such a centre, to be specified in the order, for such number of hours as may be so specified.
(2) An order under subsection (1) above is in this Act referred to as an “attendance centre order”.
(3) The aggregate number of hours for which an attendance centre order may require a person to attend at an attendance centre shall not be less than 12 except where—
(a) he is aged under 14; and
(b) the court is of the opinion that 12 hours would be excessive, having regard to his age or any other circumstances.
(4) The aggregate number of hours shall not exceed 12 except where the court is of the opinion, having regard to all the circumstances, that 12 hours would be inadequate, and in that case—
(a) shall not exceed 24 where the person is aged under 16; and
(b) shall not exceed 36 where the person is aged 16 or over but under 21 or (where subsection (1)(c) above applies) under 25.
(5) A court may make an attendance centre order in respect of a person before a previous attendance centre order made in respect of him has ceased to have effect, and may determine the number of hours to be specified in the order without regard—
(a) to the number specified in the previous order; or
(b) to the fact that that order is still in effect.
(6) An attendance centre order shall not be made unless the court is satisfied that the attendance centre to be specified in it is reasonably accessible to the person concerned, having regard to his age, the means of access available to him and any other circumstances.
(7) The times at which a person is required to attend at an attendance centre shall, as far as practicable, be such as to avoid—
(a) any conflict with his religious beliefs or with the requirements of any other community order to which he may be subject; and
(b) any interference with the times, if any, at which he normally works or attends school or any other educational establishment.
(8) The first time at which the person is required to attend at an attendance centre shall be a time at which the centre is available for his attendance in accordance with the notification of the Secretary of State, and shall be specified in the order.
(9) The subsequent times shall be fixed by the officer in charge of the centre, having regard to the person’s circumstances.
(10) A person shall not be required under this section to attend at an attendance centre on more than one occasion on any day, or for more than three hours on any occasion.
(11) Where a court makes an attendance centre order, the clerk of the court shall—
(a) deliver or send a copy of the order to the officer in charge of the attendance centre specified in it; and
(b) deliver a copy of the order to the person in respect of whom it is made or send a copy by registered post or the recorded delivery service addressed to his last or usual place of abode.
(12) Where a person (“the defaulter”) has been ordered to attend at an attendance centre in default of the payment of any sum of money—
(a) on payment of the whole sum to any person authorised to receive it, the attendance centre order shall cease to have effect;
(b) on payment of a part of the sum to any such person, the total number of hours for which the defaulter is required to attend at the centre shall be reduced proportionately, that is to say by such number of complete hours as bears to the total number the proportion most nearly approximating to, without exceeding, the proportion which the part bears to the whole sum.
Schedule 5 to this Act (which makes provision for dealing with failures to comply with attendance centre orders, for revoking such orders with or without the substitution of other sentences and for amending such orders) shall have effect.
(1) The Secretary of State may continue to provide attendance centres.
(2) In this Act “attendance centre” means a place at which offenders aged under 21 may be required to attend and be given under supervision appropriate occupation or instruction in pursuance of attendance centre orders.
(3) The Secretary of State may make rules for the regulation and management of attendance centres.
(4) For the purpose of providing attendance centres, the Secretary of State may make arrangements with any local authority or police authority for the use of premises of that authority.
(1) Where a child or young person (that is to say, any person aged under 18) is convicted of an offence, the court by or before which he is convicted may (subject to sections 34 to 36 above) make an order placing him under the supervision of—
(a) a local authority designated by the order;
(b) a probation officer; or
(c) a member of a youth offending team.
(2) An order under subsection (1) above is in this Act referred to as a “supervision order”.
(3) In this Act “supervisor”, in relation to a supervision order, means the person under whose supervision the offender is placed or to be placed by the order.
(4) Schedule 6 to this Act (which specifies requirements that may be included in supervision orders) shall have effect.
(5) A court shall not make a supervision order unless it is satisfied that the offender resides or will reside in the area of a local authority; and a court shall be entitled to be satisfied that the offender will so reside if he is to be required so to reside by a provision to be included in the order in pursuance of paragraph 1 of Schedule 6 to this Act.
(6) A supervision order—
(a) shall name the area of the local authority and the petty sessions area in which it appears to the court making the order (or to the court amending under Schedule 7 to this Act any provision included in the order in pursuance of this paragraph) that the offender resides or will reside; and
(b) may contain such prescribed provisions as the court making the order (or amending it under that Schedule) considers appropriate for facilitating the performance by the supervisor of his functions under section 64(4) below, including any prescribed provisions for requiring visits to be made by the offender to the supervisor;
and in paragraph (b) above “prescribed” means prescribed by rules under section 144 of the [1980 c. 43.] Magistrates' Courts Act 1980.
(7) A supervision order shall, unless it has previously been revoked, cease to have effect at the end of the period of three years, or such shorter period as may be specified in the order, beginning with the date on which the order was originally made.
(8) A court which makes a supervision order shall forthwith send a copy of its order—
(a) to the offender and, if the offender is aged under 14, to his parent or guardian;
(b) to the supervisor;
(c) to any local authority who are not entitled by virtue of paragraph (b) above to such a copy and whose area is named in the supervision order in pursuance of subsection (6) above;
(d) where the offender is required by the order to reside with an individual or to undergo treatment by or under the direction of an individual or at any place, to the individual or the person in charge of that place; and
(e) where a petty sessions area named in the order in pursuance of subsection (6) above is not that for which the court acts, to the justices' chief executive for the petty sessions area so named;
and, in a case falling within paragraph (e) above, shall also send to the justices' chief executive in question such documents and information relating to the case as the court considers likely to be of assistance to them.
(9) If a court makes a supervision order while another such order made by any court is in force in respect of the offender, the court making the new order may revoke the earlier order (and paragraph 10 of Schedule 7 to this Act (supplementary provision) shall apply to the revocation).
(1) A court shall not designate a local authority as the supervisor by a provision of a supervision order unless—
(a) the authority agree; or
(b) it appears to the court that the offender resides or will reside in the area of the authority.
(2) Where a provision of a supervision order places the offender under the supervision of a probation officer, the supervisor shall be a probation officer appointed for or assigned to the petty sessions area named in the order in pursuance of section 63(6) above and selected under arrangements made under section 4(1)(d) of the [1993 c. 47.] Probation Service Act 1993 (arrangements made by probation committee).
(3) Where a provision of a supervision order places the offender under the supervision of a member of a youth offending team, the supervisor shall be a member of a team established by the local authority within whose area it appears to the court that the offender resides or will reside.
(4) While a supervision order is in force, the supervisor shall advise, assist and befriend the offender.
(5) Where a supervision order—
(a) requires compliance with directions given by virtue of paragraph 2(1) of Schedule 6 to this Act, or
(b) includes by virtue of paragraph 3(2) of that Schedule a requirement which involves the use of facilities for the time being specified in a scheme in force under section 66 below for an area in which the offender resides or will reside,
any expenditure incurred by the supervisor for the purposes of the directions or requirements shall be defrayed by the local authority whose area is named in the order in pursuance of section 63(6) above.
Schedule 7 to this Act (which makes provision for dealing with failures to comply with supervision orders and for revoking and amending such orders) shall have effect.
(1) A local authority shall, acting either individually or in association with other local authorities, make arrangements with such persons as appear to them to be appropriate for the provision by those persons of facilities for enabling—
(a) directions given by virtue of paragraph 2(1) of Schedule 6 to this Act to persons resident in their area, and
(b) requirements that (because of paragraph 3(7) of that Schedule) may only be included in a supervision order by virtue of paragraph 3(2) of that Schedule if they are for the time being specified in a scheme,
to be carried out effectively.
(2) The authority or authorities making any arrangements in accordance with subsection (1) above shall consult each relevant probation committee as to the arrangements.
(3) Any such arrangements shall be specified in a scheme made by the authority or authorities making them.
(4) A scheme shall come into force on a date to be specified in it.
(5) The authority or authorities making a scheme shall send copies of it to the justices' chief executive for each petty sessions area of which any part is included in the area to which the scheme relates.
(6) A copy of the scheme shall be kept available at the principal office of every authority who are a party to it for inspection by members of the public at all reasonable hours; and any such authority shall on demand by any person supply him with a copy of the scheme free of charge.
(7) The authority or authorities who made a scheme may at any time make a further scheme altering the arrangements or specifying arrangements to be substituted for those previously specified.
(8) A scheme which specifies arrangements to be substituted for those specified in a previous scheme shall revoke the previous scheme.
(9) The powers conferred by subsection (7) above shall not be exercisable by an authority or authorities unless they have first consulted each relevant probation committee.
(10) The authority or authorities who made a scheme shall send to the justices' chief executive for each petty sessions area of which any part is included in the area for which arrangements under this section have been specified in the scheme notice of any exercise of a power conferred by subsection (7) above, specifying the date for the coming into force, and giving details of the effect, of the new or altered arrangements; and the new or altered arrangements shall come into force on that date.
(11) Arrangements shall not be made under this section for the provision of any facilities unless the facilities are approved or are of a kind approved by the Secretary of State for the purposes of this section.
(12) In this section “relevant probation committee” means a probation committee for an area of which any part is included in the area to which a scheme under this section relates.
(1) Unless the contrary intention appears, in sections 63 to 66 above and Schedules 6 and 7 to this Act—
“local authority” means the council of a county or of a county borough, metropolitan district or London borough or the Common Council of the City of London;
“reside” means habitually reside, and cognate expressions shall be construed accordingly except in paragraph 6(2) and (3) of Schedule 6.
(2) In the case of a child or young person—
(a) whose father and mother were not married to each other at the time of his birth, and
(b) with respect to whom a residence order is in force in favour of the father,
any reference in sections 63 to 66 and Schedules 6 and 7 to the parent of the child or young person includes a reference to the father.
(3) In subsection (2) above “residence order” has the meaning given by section 8(1) of the [1989 c. 41.] Children Act 1989, and subsection (2) above is without prejudice to the operation of section 1(1) of the [1987 c. 42.] Family Law Reform Act 1987 (construction of references to relationships) in relation to the provisions of this Act other than those mentioned in subsection (2).
(1) In their application to the Isles of Scilly, the following provisions of this Act, namely—
(a) sections 63 to 67 and Schedules 6 and 7, and
(b) section 163 (definitions) in its application to those sections and Schedules,
shall have effect with such modifications as the Secretary of State may by order specify.
(2) An order under this section may—
(a) make different provision for different circumstances;
(b) provide for exemptions from any provisions of the order; and
(c) contain such incidental and supplemental provisions as the Secretary of State considers expedient for the purposes of the order.
(1) Where a child or young person (that is to say, any person aged under 18) is convicted of an offence and the court by or before which he is convicted is of the opinion mentioned in subsection (3) below, the court may (subject to sections 34 to 36 above) make an order which—
(a) requires the offender, for a period of three months beginning with the date of the order, to comply with an action plan, that is to say, a series of requirements with respect to his actions and whereabouts during that period;
(b) places the offender for that period under the supervision of the responsible officer; and
(c) requires the offender to comply with any directions given by the responsible officer with a view to the implementation of that plan;
and the requirements included in the order, and any directions given by the responsible officer, may include requirements authorised by section 70 below.
(2) An order under subsection (1) above is in this Act referred to as an “action plan order”.
(3) The opinion referred to in subsection (1) above is that the making of an action plan order is desirable in the interests of—
(a) securing the rehabilitation of the offender; or
(b) preventing the commission by him of further offences.
(4) In this Act “responsible officer”, in relation to an offender subject to an action plan order, means one of the following who is specified in the order, namely—
(a) a probation officer;
(b) a social worker of a local authority social services department;
(c) a member of a youth offending team.
(5) The court shall not make an action plan order in respect of the offender if—
(a) he is already the subject of such an order; or
(b) the court proposes to pass on him a custodial sentence or to make in respect of him a probation order, a community service order, a combination order, an attendance centre order, a supervision order or a referral order.
(6) Before making an action plan order, the court shall obtain and consider—
(a) a written report by a probation officer, a social worker of a local authority social services department or a member of a youth offending team indicating—
(i) the requirements proposed by that person to be included in the order;
(ii) the benefits to the offender that the proposed requirements are designed to achieve; and
(iii) the attitude of a parent or guardian of the offender to the proposed requirements; and
(b) where the offender is aged under 16, information about the offender’s family circumstances and the likely effect of the order on those circumstances.
Powers of Criminal Courts (Sentencing) Act 2000