Criminal Justice Act 2003

[F1 256E Drug appointment requirements E+W

(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.]

Textual Amendments

F1 Ss. 256D, 256E inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 1 para. 2 (with Sch. 7 para. 3); S.I. 2015/40, art. 2(s)

Modifications etc. (not altering text)

C1 Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 245(1)(2)(c), 416(1) (with ss. 2, 245(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C2 Pt. 12 Ch. 6 modified (1.12.2020) by Sentencing Act 2020 (c. 17), s. 244(1)(2)(c), 416(1) (with ss. 2, 244(3), 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2

C3 Ss. 256AA-256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 8(2)(4)(8)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), para. 3(3), (5), s. 22(1), Sch. 3 para. 3(2) (with Sch. 7 para. 2)); S.I. 2015/40, art. 2(u))

C4 S. 256E applied (with modifications) by 2000 c. 6, s. 106B(2)-(7) (as inserted (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), ss. 6(4), 22(1) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(f))

C5 S. 256E applied (with modifications) by 1997 c. 43, Sch. 1 para. 9(2)(4)(9)-(12) (as amended (1.2.2015) by Offender Rehabilitation Act 2014 (c. 11), s. 22(1), Sch. 3 para. 5(5) (with Sch. 7 para. 2); S.I. 2015/40, art. 2(u))

C6 S. 256E applied (with modifications) (1.12.2020) by Sentencing Act 2020 (c. 17), s. 247(2)(b)(3)(4), 416(1) (with ss. 2, 398(1), 406, Sch. 27); S.I. 2020/1236, reg. 2