Criminal Justice and Court Services Act 2000

MiscellaneousE+W

48 Pre-sentence drug testing.E+W

In Chapter I of Part IV of the M1Powers of Criminal Courts (Sentencing) Act 2000, after section 36 there is inserted—

“36A Pre-sentence drug testing.

(1)Where a person aged 18 or over is convicted of an offence and the court is considering passing a community sentence, it may make an order under subsection (2) below for the purpose of ascertaining whether the offender has any specified Class A drug in his body.

(2)The order shall require the offender to provide, in accordance with the order, samples of any description specified in the order.

(3)If it is proved to the satisfaction of the court that the offender has, without reasonable excuse, failed to comply with the order it may impose on him a fine of an amount not exceeding level 4.

• In this subsection, “level 4” means the amount which, in relation to a fine for a summary offence, is level 4 on the standard scale.

(4)The court shall not make an order under subsection (2) above unless it has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.”

49 Community sentences: drug abstinence requirements.E+W

(1)In section 42 of the Powers of Criminal Courts (Sentencing) Act 2000 (additional requirements which may be included in community rehabilitation orders), in subsection (2)—

(a)after “above” there is inserted—

(a)”,

(b)at the end there is inserted—

“(b)subject to subsections (2D) and (2F) below, the order shall, if the first set of conditions is satisfied, include a drug abstinence requirement and may include such a requirement if the second set of conditions is satisfied.

(2A)For the purposes of this Part of this Act, a drug abstinence requirement is a requirement for the offender—

(a)to abstain from misusing specified Class A drugs; and

(b)to provide, when instructed to do so by the responsible officer, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug in his body.

(2B)The first set of conditions is—

(a)that the offender was aged 18 or over on the date of his conviction for the offence;

(b)that, in the opinion of the court, the offender is dependent on or has a propensity to misuse specified Class A drugs; and

(c)that the offence is a trigger offence.

(2C)The second set of conditions is—

(a)that the offender was aged 18 or over on the date of his conviction for the offence; and

(b)that, in the opinion of the court—

(i)the offender is dependent on or has a propensity to misuse specified Class A drugs; and

(ii)the misuse by the offender of any specified Class A drug caused or contributed to the offence.

(2D)The order may not include a drug abstinence requirement if—

(a)the community rehabilitation order includes any requirement in respect of drugs under paragraph 6 of Schedule 2 to this Act; or

(b)the community sentence includes a drug treatment and testing order or a drug abstinence order.

(2E)The function of giving instructions for the purposes of subsection (2A)(b) above shall be exercised in accordance with guidance given from time to time by the Secretary of State; and the Secretary of State may make rules for regulating the provision of samples in pursuance of such instructions.

(2F)The court shall not include a drug abstinence requirement in the order unless the court has been notified by the Secretary of State that arrangements for implementing such requirements are available in the area proposed to be specified under section 41(3) above and the notice has not been withdrawn.”

(2)In section 47 of that Act (obligations of person subject to community punishment order), after subsection (3) there is inserted—

“(3A)Subject to subsection (3B) below, the community punishment order shall, if the set of conditions in section 42(2B) above is satisfied, include a drug abstinence requirement and may include such a requirement if the set of conditions in section 42(2C) above is satisfied.

(3B)The order may not include a drug abstinence requirement if the community sentence includes a drug treatment and testing order or a drug abstinence order.

(3C)Subsections (2E) and (2F) of section 42 above apply for the purposes of this section as they apply for the purposes of that.”

50 Community sentences: curfew requirements.E+W

In Schedule 2 to the M2Powers of Criminal Courts (Sentencing) Act 2000 (additional requirements which may be included in community rehabilitation orders), after paragraph 6 there is inserted—

7(1)Subject to the provisions of this paragraph, a community rehabilitation order may include a requirement that the offender remain, for periods specified in the requirement, at a place so specified.

(2)A requirement under sub-paragraph (1) above may specify different places or different periods for different days, but shall not specify—

(a)periods which fall outside the period of six months beginning with the day on which the order is made; or

(b)periods which amount to less than two hours or more than twelve hours in any one day.

(3)A requirement under sub-paragraph (1) above shall, as far as practicable, be such as to avoid—

(a)any conflict with the offender’s 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.

(4)An order which includes a requirement under sub-paragraph (1) above shall include provision for making a person responsible for monitoring the offender’s whereabouts during the curfew periods specified in the requirement; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

(5)A court shall not include in a community rehabilitation order such a requirement as is mentioned in sub-paragraph (1) above unless the court has been notified by the Secretary of State that arrangements for monitoring the offender’s whereabouts are available in the area in which the place proposed to be specified in the requirement is situated and the notice has not been withdrawn.

(6)A court shall not include in a community rehabilitation order such a requirement as is mentioned in sub-paragraph (1) above if the community sentence includes a curfew order.

(7)Before including in a community rehabilitation order such a requirement as is mentioned in sub-paragraph (1) above, the court shall obtain and consider information about the place proposed to be specified in the requirement (including information as to the attitude of persons likely to be affected by the enforced presence there of the offender).

(8)The Secretary of State may make rules for regulating—

(a)the monitoring of the whereabouts of an offender who is subject to a requirement under sub-paragraph (1) above; and

(b)without prejudice to the generality of paragraph (a) above, the functions of any person responsible for monitoring the offender’s whereabouts during the curfew periods specified in the requirement.

(9)The Secretary of State may by order direct that sub-paragraph (3) above shall have effect with such additional restrictions as may be specified in the order.”

52 Community sentences: electronic monitoring of requirements.E+W

After section 36A of the M3Powers of Criminal Courts (Sentencing) Act 2000 there is inserted—

“36B Electronic monitoring of requirements in community orders.

(1)Subject to subsections (2) to (4) below, a community order may include requirements for securing the electronic monitoring of the offender’s compliance with any other requirements imposed by the order.

(2)A court shall not include in a community order a requirement under subsection (1) above unless the court—

(a)has been notified by the Secretary of State that electronic monitoring arrangements are available in the relevant areas specified in subsections (7) to (10) below; and

(b)is satisfied that the necessary provision can be made under those arrangements.

(3)Where—

(a)it is proposed to include in an exclusion order a requirement for securing electronic monitoring in accordance with this section; but

(b)there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,

the requirement shall not be included in the order without that person’s consent.

(4)Where—

(a)it is proposed to include in a community rehabilitation order or a community punishment and rehabilitation order a requirement for securing the electronic monitoring of the offender’s compliance with a requirement such as is mentioned in paragraph 8(1) of Schedule 2 to this Act; but

(b)there is a person (other than the offender) without whose co-operation it will not be practicable to secure the monitoring,

the requirement shall not be included in the order without that person’s consent.

(5)An order which includes requirements under subsection (1) above shall include provision for making a person responsible for the monitoring; and a person who is made so responsible shall be of a description specified in an order made by the Secretary of State.

(6)The Secretary of State may make rules for regulating—

(a)the electronic monitoring of compliance with requirements included in a community order; and

(b)without prejudice to the generality of paragraph (a) above, the functions of persons made responsible for securing the electronic monitoring of compliance with requirements included in the order.

(7)In the case of a curfew order or an exclusion order, the relevant area is the area in which the place proposed to be specified in the order is situated.

• In this subsection, “place”, in relation to an exclusion order, has the same meaning as in section 40A below.

(8)In the case of a community rehabilitation order or a community punishment and rehabilitation order, the relevant areas are each of the following—

(a)where it is proposed to include in the order a requirement for securing compliance with a requirement such as is mentioned in sub-paragraph (1) of paragraph 7 of Schedule 2 to this Act, the area mentioned in sub-paragraph (5) of that paragraph;

(b)where it is proposed to include in the order a requirement for securing compliance with a requirement such as is mentioned in sub-paragraph (1) of paragraph 8 of that Schedule, the area mentioned in sub-paragraph (5) of that paragraph;

(c)where it is proposed to include in the order a requirement for securing compliance with any other requirement, the area proposed to be specified under section 41(3) below.

(9)In the case of a community punishment order, a drug treatment and testing order, a drug abstinence order, a supervision order or an action plan order, the relevant area is the petty sessions area proposed to be specified in the order.

(10)In the case of an attendance centre order, the relevant area is the petty sessions area in which the attendance centre proposed to be specified in the order is situated.”

54 Breach of community orders: failure to answer summons.E+W

After paragraph 3(2) of Schedule 3 to the M4Powers of Criminal Courts (Sentencing) Act 2000 (breach, revocation and amendment of certain community orders) there is inserted—

“(3)Where a summons issued under sub-paragraph (1)(a) above requires an offender to appear before the Crown Court and the offender does not appear in answer to the summons, the Crown Court may issue a further summons requiring the offender to appear at the place and time specified in it.

(4)Where a summons issued under sub-paragraph (1)(a) above or a further summons issued under sub-paragraph (3) above requires an offender to appear before the Crown Court and the offender does not appear in answer to the summons, the Crown Court may issue a warrant for the arrest of the offender.”

55 Regulation of community orders.E+W

(1)Regulations made by the Secretary of State may provide for—

(a)the supervision of persons subject to community rehabilitation orders or community punishment and rehabilitation orders,

(b)the arrangements to be made by local probation boards for persons subject to community punishment orders, or community punishment and rehabilitation orders, to perform work and the performance of such work.

(2)In particular, they may regulate the functions of—

(a)officers of local probation boards and members of youth offending teams who are responsible for the supervision of offenders subject to community rehabilitation orders, and

(b)officers of local probation boards or other persons who are, in relation to persons subject to community punishment orders, responsible officers (within the meaning of section 46(13) of the Powers of Criminal Courts (Sentencing) Act 2000).

(3)Regulations made by virtue of subsection (1)(b) may, in particular, make provision—

(a)limiting the number of hours of work to be done by a person on any one day,

(b)as to the reckoning of hours worked and the keeping of work records, and

(c)for the payment of travelling and other expenses in connection with the performance of work.