Paragraph 2

This Schedule applies to a person who is—

(a)

subject to a drug rehabilitation requirement (within the meaning of paragraph 19 of Schedule 9 to the Sentencing Code), imposed by—

(i)

a community order (within the meaning of section 200 of the Sentencing Code), or

(ii)

a suspended sentence order (within the meaning of section 286 of the Sentencing Code);

(b)

subject to an alcohol treatment requirement (within the meaning of paragraph 23 of Schedule 9 to the Sentencing Code), imposed by a community order (within the meaning of section 200 of the Sentencing Code);

(c)

released from prison on licence under Chapter 6 of Part 12 of the 2003 Act (release, licences, supervision and recall) and is subject to one or more of the following conditions imposed in accordance with section 250 of the 2003 Act^f1 (licence conditions)—

(i)

a drug testing requirement under section 64 of the Criminal Justice and Court Services Act 2000^f2;

(ii)

a drug appointment requirement under section 64A of that Act^f3;

(iii)

a requirement to participate in, or co-operate with, a programme or set of activities (to address offending behaviour related to drug or alcohol misuse) under article 7 of the Criminal Justice (Sentencing) (Licence Conditions) Order 2015^f4;

(d)

released from prison on licence under Chapter 2 of Part 2 of the Crime (Sentences) Act 1997^f5 (“the 1997 Act”) (effect of custodial sentences: life sentences) and is subject to one or more of the following conditions imposed in accordance with section 31(2) of the 1997 Act^f6—

(i)

a drug testing requirement;

(ii)

an alcohol testing requirement;

(iii)

a requirement to participate in, or co-operate with, a programme or set of activities (to address offending behaviour related to drug or alcohol misuse);

(e)

required to comply with a drug testing requirement under section 256AB(1)(i) or a drug appointment requirement under section 256AB(1)(j) of the 2003 Act^f7 that is specified in a notice given under section 256AA of that Act^f8 (supervision after end of sentence of prisoners serving less than 2 years);

(f)

subject to a youth rehabilitation order (within the meaning of section 173 of the Sentencing Code) that imposes one or more of the following—

(i)

a drug testing requirement in accordance with section 174 of and Part 13 of Schedule 6 to the Sentencing Code^f9;

(ii)

a drug treatment requirement in accordance with section 174 of and Part 14 of Schedule 6 to the Sentencing Code;

(iii)

an intoxicating substance treatment requirement in accordance with section 174 of and Part 15 of Schedule 6 to the Sentencing Code;

(iv)

a programme requirement in accordance with section 174 of and Part 4 of Schedule 6 to the Sentencing Code (to undertake offending behaviour work to address behaviour related to substance abuse);

(g)

subject to a community payback order (within the meaning of section 227A of the Criminal Procedure (Scotland) Act 1995 Act)^f10 (“the 1995 Act”) that imposes one or more of the following—

(i)

a drug treatment requirement in accordance with sections 227A(2)(g) and 227U of the 1995 Act;

(ii)

an alcohol treatment requirement in accordance with sections 227(2)(h) and 227V of the 1995 Act;

(iii)

a programme requirement in accordance with sections 227(2)(d) and 227P of the 1995 Act (to undertake offending behaviour work to address behaviour relating to substance abuse);

(h)

released on licence under Part 1 of the Prisoners and Criminal Proceedings (Scotland) Act 1993 and are subject to one or more of the following conditions specified in accordance with section 12 of that Act^f11—

(i)

an alcohol treatment requirement;

(ii)

a drug treatment requirement;

(iii)

a programme requirement (to address behaviour related to drug or alcohol abuse in accordance with a behavioural programme).

Annotations

Footnotes

f1: 2003 c. 44 (“the 2003 Act”). Section 250 of the 2003 Act has been amended by the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), section 89 and Schedule 10, paragraph 25(a), section 111 and Schedule 4, paragraph 9, section 117(5), and section 125 and Schedule 20, paragraph 6(2); by the Offender Rehabilitation Act 2014 (c. 11), sections 5(5) and 12(2); by the Criminal Justice and Courts Act 2015 (c. 2), section 6 and Schedule 1, paragraph 17, and section 7 and Schedule 2, paragraph 4; by the Sentencing Act 2020 (c. 17), section 410 and Schedule 24, paragraph 227; by the Counter-Terrorism and Sentencing Act 2021 (c. 11), section 46 and paragraphs 9(5), 21(5) and 45(3) of Schedule 13; and by the Police, Crime, Sentencing and Courts Act 2022 (c. 32), section 134.
f2: 2000 c. 43. Section 64 has been amended by the Armed Forces Act 2006 (c. 52), section 378 and Schedule 16, paragraph 185; by the Offender Rehabilitation Act 2014 (c. 11), section 7 and Schedule 3, paragraph 13 and section 11; by the Sentencing Act 2020 (c. 17), section 410 and Schedule 24, paragraph 175; by the Counter-Terrorism and Sentencing Act 2021 (c. 11), section 46 and Schedule 13, paragraph 18(4); and by S.I. 2008/912, article 3 and Schedule 1, paragraph 18(2).
f3: Section 64A was inserted into the Criminal Justice and Court Services Act 2000 (c. 43) (“the 2000 Act”) by the Offender Rehabilitation Act 2014, section 12(1). The 2000 Act was amended by Sentencing Act 2020, section 410 and Schedule 24, paragraph 176; and by the Counter-Terrorism and Sentencing Act 2021, section 46 and Schedule 13, paragraph 18(5).
f4: S.I. 2015/337. Article 7 has been amended by S.I. 2017/985, article 2(b) and S.I. 2022/459, article 2(3).
f5: 1997 c. 43.
f6: Section 31 of the Crime (Sentences) Act 1997 has been amended by the Crime and Disorder Act 1998 (c. 37), section 119 and Schedule 8, paragraph 31; by the Criminal Justice and Court Services Act 2000, section 230 and Schedule 18, paragraph 1, section 304 and Schedule 32, paragraph 83(4), and section 332 and Part 8 of Schedule 37; by the Children Act 2004 (c. 31), section 64 and Part 4 of Schedule 5; by the Criminal Justice and Immigration Act 2008 (c. 4), section 149 and Part 2 of Schedule 28; by the Criminal Justice and Courts Act 2015 (c. 2), section 7 and Schedule 2, paragraph 1; by the Victims and Prisoners Act 2024 (c. 21), section 66(2); by S.I. 2005/886, article 2 and paragraph 53 of the Schedule; and by S.I. 2008/912, article 3 and Schedule 1, paragraph 12(2).
f7: Section 256AB was inserted into the Criminal Justice Act 2003 by the Offender Rehabilitation Act 2014, section 2(4) and Schedule 1, paragraph 1; and has been amended by the Sentencing Act 2020, section 410 and Schedule 24, paragraph 230.
f8: Section 256AA was inserted into the Criminal Justice Act 2003 by section 2(2) of the Offender Rehabilitation Act 2014; and has been amended by the Sentencing Act 2020, section 410 and Schedule 24, paragraph 230.
f9: Section 174 of the Sentencing Code has been amended by the Police, Crime, Sentencing and Courts Act 2022 (c. 32), section 161 and Schedule 17, paragraph 4(2), (3) and (4).
f10: 1995 c. 46 (“the 1995 Act”). Sections 227A to 227ZO were inserted into the 1995 Act by the Criminal Justice and Licensing (Scotland) Act 2010 (asp 13), section 14(1).
f11: 1993 c. 9. Section 12 has been amended by the Criminal Justice and Court Services Act 2000 (c. 43), section 74 and Schedule 7, paragraph 4(1)(a) and (2); by the Criminal Justice (Scotland) Act 2003 (asp 7), sections 28(3) and 35(2); by the Management of Offenders etc. (Scotland) Act 2005 (asp 14), section 15(9); by the Bail and Release from Custody (Scotland) Act 2023 (asp 4), section 11(3); by S.I. 2005/886, article 2 and paragraph 50(1) of the Schedule; and by S.I. 2008/912, article 3 and Schedule 1, paragraph 10(2).