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Powers of Criminal Courts (Sentencing) Act 2000

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  • s. 52(4) by 2000 c. 43 Sch. 7 para. 170 (This amendment not applied to legislation.gov.uk. Sch. 7 para. 170 repealed (4.4.2005) without ever being in force by 2003 c. 44, Sch. 37 Pt. 7; S.I. 2005/950, art. 2(1), Sch. 1 para. 44(4)(t))

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52 Drug treatment and testing orders.E+W

(1)Where a person aged 16 or over 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 which—

(a)has effect for a period specified in the order of not less than six months nor more than three years (“the treatment and testing period”); and

(b)includes the requirements and provisions mentioned in sections 53 and 54 below;

but this section does not apply in relation to an offence committed before 30th September 1998.

(2)An order under subsection (1) above is in this Act referred to as a “drug treatment and testing order”.

(3)A court shall not make a drug treatment and testing order in respect of an offender unless it is satisfied—

(a)that he is dependent on or has a propensity to misuse drugs; and

(b)that his dependency or propensity is such as requires and may be susceptible to treatment.

(4)For the purpose of ascertaining for the purposes of subsection (3) above whether the offender has any drug in his body, the court may by order require him to provide samples of such description as it may specify; but the court shall not make such an order unless the offender expresses his willingness to comply with its requirements.

(5)A court shall not make a drug treatment and testing order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area proposed to be specified in the order under section 54(1) below and the notice has not been withdrawn.

(6)Before making a drug treatment and testing order, the court shall explain to the offender in ordinary language—

(a)the effect of the order and of the requirements proposed to be included in it;

(b)the consequences which may follow (under Part II of Schedule 3 to this Act) if he fails to comply with any of those requirements;

(c)that the order will be periodically reviewed at intervals as provided for in the order (by virtue of section 54(6) below); and

(d)that the order may be reviewed (under Parts III and IV of Schedule 3) on the application either of the offender or of the responsible officer;

and “responsible officer” here has the meaning given by section 54(3) below.

(7)A court shall not make a drug treatment and testing order unless the offender expresses his willingness to comply with its requirements.

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