Textual Amendments
F1Ss. 234AA, 234AB and cross-heading inserted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 118, 145(2); S.S.I. 2004/420, art. 3, Sch. 1
(1)Notwithstanding [F3section] 234B(2) of this Act, where the court considers it expedient that the offender should be subject to a drug treatment and testing order and to a [F4community payback order], it may make both such orders in respect of the offender.
(2)In deciding whether it is expedient for it to exercise the power conferred by subsection (1) above, the court shall have regard to the circumstances, including the nature of the offence and the character of the offender and to the report submitted to it under section 234B(3)(b) of this Act.
(3)Where the court makes both a drug treatment and testing order and a [F5community payback order] by virtue of subsection (1) above, the clerk of the court shall send a copy of each of the orders to the following—
(a)the treatment provider within the meaning of section 234C(1);
[F6(ba)the local authority within whose area the offender will reside for the duration of each order.]
(4)Where the offender by an act or omission fails to comply with a requirement of an order made by virtue of subsection (1) above—
(a)if the failure relates to a requirement contained in a [F7community payback order and is dealt with under section 227ZC(7)(d)] of this Act, the court may, in addition, exercise the power conferred by section 234G(2)(b) of this Act in relation to the drug treatment and testing order; and
(b)if the failure relates to a requirement contained in a drug treatment and testing order and is dealt with under section 234G(2)(b) of this Act, the court may, in addition, exercise the power conferred by section [F8227ZC(7)(d) of this Act in relation to the community payback order].
(5)Where an offender by an act or omission fails to comply with both a requirement contained in a drug treatment and testing order and in a [F9community payback order] to which he is subject by virtue of subsection (1) above, he may, without prejudice to subsection (4) above, be dealt with as respects that act or omission either under section [F10227ZC(7)] of this Act or under section 234G(2) of this Act but he shall not be liable to be otherwise dealt with in respect of that act or omission.]
Textual Amendments
F2S. 234J inserted "after s. 234H" (30.9.1998) by virtue of 1998 c. 37, s. 94(1); S.I. 1998/2327, art. 2(1)(s) (subject to arts. 5-8)
F3Words in s. 234J(1) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 19(2)(a); S.S.I. 2010/413, art. 2, Sch. (with art. 3)
F4Words in s. 234J(1) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 19(2)(b); S.S.I. 2010/413, art. 2, Sch. (with arts. 3-8)
F5Words in s. 234J(3) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 19(3)(a); S.S.I. 2010/413, art. 2, Sch. (with art. 3)
F6S. 234J(3)(ba) substituted (1.2.2011) for s. 234J(3)(b)(c) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 19(3)(b); S.S.I. 2010/413, art. 2, Sch. (with art. 3)
F7Words in s. 234J(4)(a) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 19(4)(a); S.S.I. 2010/413, art. 2, Sch. (with art. 3)
F8Words in s. 234J(4)(b) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 19(4)(b); S.S.I. 2010/413, art. 2, Sch. (with art. 3)
F9Words in s. 234J(5) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 19(5)(a); S.S.I. 2010/413, art. 2, Sch. (with art. 3)
F10Words in s. 234J(5) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 19(5)(b); S.S.I. 2010/413, art. 2, Sch. (with art. 3)