SCHEDULES

SCHEDULE 9Community orders and suspended sentence orders: requirements

PART 11Alcohol treatment requirement

24Restrictions on imposing alcohol treatment requirement

1

A court may not impose an alcohol treatment requirement unless the following conditions are met—

a

the need for treatment condition,

b

the arrangements condition, and

c

the consent condition.

2

The need for treatment condition is that the court is satisfied—

a

that the offender is dependent on alcohol, and

b

that the offender’s dependency—

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 treatment as a resident.

4

The consent condition is that the offender expresses willingness to comply with the requirement.