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Paragraph 20 I1C1

Changes not yet applied. Later legislation changes this provision in ways not yet written into the text below:

(1)

A court may not impose a drug rehabilitation requirement unless the following conditions are met—

(a)

the need for treatment condition,

(b)

the arrangements condition,

(c)

the suitability condition, and

C2(d)

the consent condition.

(2)

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

(a)

that the offender—

(i)

is dependent on drugs, or

(ii)

has a propensity to misuse drugs, and

(b)

that the offender's dependency or propensity—

(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 resident treatment (within the meaning given in paragraph 19(2)).

(4)

The suitability condition is that the requirement has been recommended to the court as being suitable for the offender by an officer of a provider of probation services.

(5)

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

Annotations

Modifications

C1

Sch. 9 paras. 1-20 modified by 2006 c. 52, s. 200(1)(c)(iv) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 19 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C2

Sch. 9 para. 20(1)(d) excluded by 2006 c. 52, Sch. 6 para. 5(3) (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 11(7)(c) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

Commencement

I1

Sch. 9 para. 20 in force at 1.12.2020 by S.I. 2020/1236, reg. 2

Notes on Schedule 9

Modifications

C1

Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 183 (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 8 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C2

Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 178(2)-(4) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 3(3) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)

C3

Sch. 9 applied (with modifications) by 2003 c. 44, s. 300(6), Sch. 31 (as amended (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 24 paras. 241(5), 249 (with Sch. 24 para. 447, Sch. 27); S.I. 2020/1236, reg. 2)

C4

Sch. 9 applied (in part) (with modifications) by 2006 c. 52, s. 182(3)-(5) (as substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 7(5) (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2)