SCHEDULES
SCHEDULE 9Community orders and suspended sentence orders: requirements
PART 10Drug rehabilitation requirement
21Drug rehabilitation requirement: provision for review by court
1
A relevant order imposing a drug rehabilitation requirement—
a
must include provision for review if the treatment and testing period is more than 12 months, and
b
may do so in any other case.
2
For this purpose, “provision for review” means provision—
a
for the requirement to be reviewed periodically at intervals of not less than one month,
b
for each review of the requirement to be made at a hearing held for the purpose by the responsible court (a “review hearing”),
c
requiring the offender to attend each review hearing,
d
requiring a written report on the offender’s progress under the requirement to be made by an officer of a provider of probation services to the responsible court before each review hearing, and
e
requiring each such report to include—
i
the test results communicated to the responsible officer under paragraph 19(7) or otherwise, and
ii
the views of the treatment provider as to the treatment and testing of the offender.
3
4
In this paragraph, “the responsible court”, in relation to a relevant order imposing a drug rehabilitation requirement, means—
a
if a court is specified as the responsible court under sub-paragraph (5), that court;
b
otherwise, the court which made the order.
5
Where—
a
a magistrates’ court makes a relevant order imposing a drug rehabilitation requirement, and
b
the area for which the court acts is not the offender’s home local justice area,
the court may specify in the order a magistrates’ court which acts in the offender’s home local justice area as the responsible court.
6
For the purposes of sub-paragraph (4)(b), a relevant order imposing a drug rehabilitation requirement which is made on an appeal—
a
from the Crown Court, or
b
from the Court of Appeal,
is to be treated as having been made by the Crown Court.