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Criminal Justice and Court Services Act 2000

Section 49: Community Sentences: drug abstinence requirements

108.Section 49 sets out drug abstinence requirements of community sentences. It amends Section 42 of the Powers of Criminal Courts (Sentencing) Act 2000 in order to require the courts to include a drugs abstinence requirement where the offender:

  • is aged 18 or over;

  • is dependent on, or has a propensity to misuse specified Class A drugs; and

  • has committed a trigger offence (see note on Schedule 6).

109.If the offender has been charged with a non-trigger offence, the courts may include an abstinence requirement if the offender―

  • is aged 18 or over;

  • is dependent on, or has a propensity to misuse specified Class A drugs; and

  • the misuse by the offender of any specified class A drug caused or contributed to the offence.

110.Drug abstinence requirements may not be included where a community sentence already includes an abstinence requirement, or where a community order includes a Drug Treatment and Testing Order (DTTO) or a Drug Abstinence Order (DAO).

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