Section 234J Concurrent drug treatment and testing and probation orders.F1
Scotland
In deciding whether it is expedient for it to exercise the power conferred by subsection (1) above, the court shall have regard to the circumstances, including the nature of the offence and the character of the offender and to the report submitted to it under section 234B(3)(b) of this Act.
Where the court makes both a drug treatment and testing order and a F4community payback order by virtue of subsection (1) above, the clerk of the court shall send a copy of each of the orders to the following—
the treatment provider within the meaning of section 234C(1);
the local authority within whose area the offender will reside for the duration of each order.
Where the offender by an act or omission fails to comply with a requirement of an order made by virtue of subsection (1) above—
if the failure relates to a requirement contained in a F6community payback order and is dealt with under section 227ZC(7)(d) of this Act, the court may, in addition, exercise the power conferred by section 234G(2)(b) of this Act in relation to the drug treatment and testing order; and
if the failure relates to a requirement contained in a drug treatment and testing order and is dealt with under section 234G(2)(b) of this Act, the court may, in addition, exercise the power conferred by section F7227ZC(7)(d) of this Act in relation to the community payback order.
Where an offender by an act or omission fails to comply with both a requirement contained in a drug treatment and testing order and in a F8community payback order to which he is subject by virtue of subsection (1) above, he may, without prejudice to subsection (4) above, be dealt with as respects that act or omission either under section F9227ZC(7) of this Act or under section 234G(2) of this Act but he shall not be liable to be otherwise dealt with in respect of that act or omission.
Annotations
Textual amendments
- F1
S. 234J inserted "after s. 234H" (30.9.1998) by virtue of 1998 c. 37, s. 94(1); S.I. 1998/2327, art. 2(1)(s) (subject to arts. 5-8)
- F2
Words in s. 234J(1) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 19(2)(a); S.S.I. 2010/413, art. 2, Sch. (with art. 3)
- F3
Words in s. 234J(1) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 19(2)(b); S.S.I. 2010/413, art. 2, Sch. (with arts. 3-8)
- F4
Words in s. 234J(3) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 19(3)(a); S.S.I. 2010/413, art. 2, Sch. (with art. 3)
- F5
S. 234J(3)(ba) substituted (1.2.2011) for s. 234J(3)(b)(c) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 19(3)(b); S.S.I. 2010/413, art. 2, Sch. (with art. 3)
- F6
Words in s. 234J(4)(a) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 19(4)(a); S.S.I. 2010/413, art. 2, Sch. (with art. 3)
- F7
Words in s. 234J(4)(b) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 19(4)(b); S.S.I. 2010/413, art. 2, Sch. (with art. 3)
- F8
Words in s. 234J(5) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 19(5)(a); S.S.I. 2010/413, art. 2, Sch. (with art. 3)
- F9
Words in s. 234J(5) substituted (1.2.2011) by Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), ss. 14(2), 206(1), Sch. 2 para. 19(5)(b); S.S.I. 2010/413, art. 2, Sch. (with art. 3)
Notes on Antisocial behaviour orders
Textual amendments
- F1
Ss. 234AA, 234AB and cross-heading inserted (28.10.2004) by Antisocial Behaviour etc. (Scotland) Act 2004 (asp 8), ss. 118, 145(2); S.S.I. 2004/420, art. 3, Sch. 1