SCHEDULES
C4C6C2C3SCHEDULE 9Community orders and suspended sentence orders: requirements
Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
Sch. 9 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)
Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)
PART 10Drug rehabilitation requirement
Restriction on imposing drug rehabilitation requirement
I1C120
1
A court may not impose a drug rehabilitation requirement unless the following conditions are met—
a
the need for treatment condition,
b
the arrangements condition,
c
the suitability condition, and
C5d
the consent condition.
2
The need for treatment condition is that the court is satisfied—
a
that the offender—
i
is dependent on drugs, or
ii
has a propensity to misuse drugs, and
b
that the offender's dependency or propensity—
i
requires treatment, and
ii
may be susceptible to treatment.
3
The arrangements condition is that the court is satisfied that arrangements—
a
have been made, or
b
can be made,
for the treatment intended to be specified in the order.
Those arrangements include arrangements for the reception of the offender, where the offender is to be required to submit to resident treatment (within the meaning given in paragraph 19(2)).
4
The suitability condition is that the requirement has been recommended to the court as being suitable for the offender by an officer of a provider of probation services.
5
The consent condition is that the offender expresses willingness to comply with the requirement.
Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)