Statutory Instruments
Criminal Law, England And Wales
Made
7th July 2015
Laid before Parliament
9th July 2015
Coming into force
30th July 2015
The Secretary of State makes the following Order in exercise of the powers conferred by sections 212A(6) and (7) of the Criminal Justice Act 2003(1).
1. This Order may be cited as the Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) (Amendment) Order 2015 and comes into force on 30th July 2015.
2. At the end of article 2(1) (prescription for the purpose of section 212A(6) of the Criminal Justice Act 2003) of the Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2014(2), insert “(as amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting (Amendment) Order 2015(3))”.
Andrew Selous
Parliamentary Under Secretary of State
Ministry of Justice
7th July 2015
(This note is not part of the Order)
This Order amends the Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2014 (S.I. 2014/1787) (the “2014 Order”). Section 76 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10) (“the 2012 Act”) has been in force for a period of 12 months beginning with 31st July 2014. That period has been extended for a further 6 months by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting (Amendment) Order 2015 (S.I. 2015/1480).
Section 76 of the 2012 Act had the effect of inserting section 212A into the Criminal Justice Act 2003 (c. 44). This provides that an alcohol abstinence and monitoring requirement can be imposed as part of a requirement of a community order or suspended sentence order.
This Order keeps in place for that extended period the specification that monitoring of compliance with the obligations of an alcohol abstinence monitoring requirement that has been imposed as part of the pilot scheme provided for by the 2014 Order will be through a transdermal electronic tag. This is a tag fitted to an offender to measure the level of alcohol contained in their sweat.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
2003 c. 44. Section 212A is inserted into the Criminal Justice Act 2003 by section 76 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10). Section 76 of the 2012 Act is in force only in the South London local justice area.