Criminal Justice and Immigration Act 2008

Valid from 30/11/2009

Intoxicating substance treatment requirement E+W

24 (1) In this Part of this Act, “intoxicating substance treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods specified in the order, to treatment, by or under the direction of a person so specified having the necessary qualifications or experience, with a view to the reduction or elimination of the offender's dependency on or propensity to misuse intoxicating substances. E+W

(2) A court may not include an intoxicating substance treatment requirement in a youth rehabilitation order unless it is satisfied—

(a) that the offender is dependent on, or has a propensity to misuse, intoxicating substances, and

(b) that the offender's dependency or propensity is such as requires and may be susceptible to treatment.

(3) The treatment required during a period specified under sub-paragraph (1) must be such one of the following kinds of treatment as may be specified in the youth rehabilitation order—

(a) treatment as a resident in such institution or place as may be specified in the order, or

(b) treatment as a non-resident at such institution or place, and at such intervals, as may be so specified,

but the order must not otherwise specify the nature of the treatment.

(4) A court may not include an intoxicating substance treatment requirement in a youth rehabilitation order unless—

(a) the court is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including, where the offender is to be required to submit to treatment as a resident, arrangements for the reception of the offender),

(b) the requirement has been recommended to the court as suitable for the offender by a member of a youth offending team, an officer of a local probation board or an officer of a provider of probation services, and

(c) the offender has expressed willingness to comply with the requirement.

(5) In this paragraph “intoxicating substance” means—

(a) alcohol, or

(b) any other substance or product (other than a drug) which is, or the fumes of which are, capable of being inhaled or otherwise used for the purpose of causing intoxication.

(6) In sub-paragraph (5)(b) “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38).