Part IV

Dealing with offenders
Chapter II

Scotland

Offenders dependent etc. on drugs

Procedural matters relating to drug treatment and testing orders.
91
After section 234C of the 1995 Act there shall be inserted the following section—

Procedural matters relating to drug treatment and testing orders.
234D
1
Before making a drug treatment and testing order, a 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 section 234G of this Act if he fails to comply with any of those requirements;
c
that the court has power under section 234E of this Act to vary or revoke the order on the application of either the offender or the supervising officer; and
d
that the order will be periodically reviewed at intervals provided for in the order.
2
Upon making a drug treatment and testing order the court shall—
a
give, or send by registered post or the recorded delivery service, a copy of the order to the offender;
b
send a copy of the order to the treatment provider;
c
send a copy of the order to the chief social work officer of the local authority specified in the order in accordance with section 234C(6) of this Act; and
d
where it is not the appropriate court, send a copy of the order (together with such documents and information relating to the case as are considered useful) to the clerk of the appropriate court.
3
Where a copy of a drug treatment and testing order has under subsection (2)(a) been sent by registered post or by the recorded delivery service, an acknowledgment or certificate of delivery of a letter containing a copy order issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate.
S. 91 wholly in force; S. 91 not in force at Royal Assent see s. 121; In force at 30.9.1998 by S.I. 1998/2327, art. 2(1) (subject to savings in arts. 5-8)