The Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) (Amendment) Order 2015

EXPLANATORY NOTE

(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.