Paragraph 22B F1

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

Sch. 9 para. 22(5)(b) words inserted by Sentencing Act 2020 Sch. 22 para. 22(1)
Sch. 9 para. 22 amendment to earlier amending provision 2006 c. 52, s. 179(3) by Sentencing Act 2020 Sch. 26 para. 2(a)
Sch. 9 para. 22 amendment to earlier amending provision 2006 c. 52, s. 179(3) by Sentencing Act 2020 Sch. 26 para. 2(b)
Sch. 9 para. 22 amendment to earlier affecting provision 2006 c. 52, s. 203(4) by Sentencing Act 2020 Sch. 26 para. 4(a)
Sch. 9 para. 22 amendment to earlier affecting provision 2006 c. 52, s. 203(4) by Sentencing Act 2020 Sch. 26 para. 4(b)
Sch. 9 para. 9 amendment to earlier affecting provision 2003 c. 44, Sch. 31 para. 3 by Police, Crime, Sentencing and Courts Act 2022 s. 150(9)
Sch. 9 para. 34(1)(a) word substituted by Sentencing Act 2026 s. 17(8)(b)(i)
Sch. 9 para. 34(1A) inserted by Sentencing Act 2026 s. 17(8)(b)(ii)
Sch. 9 para. 8D applied (with modifications) by 2006 c. 52, s. 183 (as amended) by Sentencing Act 2026 s. 17(15)
Sch. 9 para. 2(1)(1A) substituted for Sch. 9 para. 2(1) by Sentencing Act 2026 s. 37(2)(a)
Sch. 9 para. 2(2) word substituted by Sentencing Act 2026 s. 37(2)(b)
Sch. 9 para. 2(4) word substituted by Sentencing Act 2026 s. 37(2)(c)
Sch. 9 para. 2 amendment to earlier affecting provision 2003 c. 44, Sch. 31 para. 2 by Sentencing Act 2026 s. 37(7)(a)
Sch. 9 applied (with modifications) by 2003 c. 44, Sch. 31 para. 2A (as inserted) by Sentencing Act 2026 s. 37(7)(b)
Sch. 9 para. 2 amendment to earlier affecting provision 2003 c. 44, Sch. 19A para. 2 by Sentencing Act 2026 s. 37(5)(a)s. 37(5)(b)(ii)
Sch. 9 Pt. 4D inserted by Sentencing Act 2026 s. 17(8)(a)

(1)

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

(a)

the misuse condition, and

(b)

the availability of arrangements condition.

(2)

The misuse condition is that the court is satisfied that the offender’s misuse of a drug or psychoactive substance—

(a)

caused or contributed to the offence to which the order relates or an associated offence, or

(b)

is likely to cause or contribute to the commission of further offences by the offender.

(3)

The availability of arrangements condition is that the court has been notified by the Secretary of State that arrangements for implementing drug testing requirements are available in the offender’s home local justice area (and the notice has not been withdrawn).

Annotations

Textual amendments

F1: Sch. 9 Pt. 10A inserted (28.6.2022) by Police, Crime, Sentencing and Courts Act 2022 (c. 32), s. 208(5)(s), Sch. 15 para. 6

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)