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Paragraph 23 I1C1

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

(1)

In this Code “alcohol treatment requirement”, in relation to a relevant order, means a requirement that during a period specified in the order the offender must submit to alcohol dependency treatment, which may be—

(a)

resident treatment,

(b)

institution-based treatment, or

(c)

practitioner-based treatment.

(2)

In this paragraph—

  • “alcohol dependency treatment”, in relation to an offender, means treatment which is—

    1. (a)

      by or under the direction of a person who has the necessary qualifications or experience (“the treatment director”), and

    2. (b)

      with a view to reducing or eliminating the offender's dependency on alcohol;

  • “resident treatment” means treatment as a resident in an institution or place;

  • “institution-based treatment” means treatment as a non-resident at an institution or place;

  • “practitioner-based treatment” means treatment by or under the direction of the treatment director.

(3)

Sub-paragraphs (4) and (5) apply to a relevant order which imposes an alcohol treatment requirement.

(4)

The order may specify separate periods comprising the period specified under sub-paragraph (1).

(5)

For each treatment period, the order must specify—

(a)

the treatment director;

(b)

whether the alcohol dependency treatment is to be resident treatment, institution-based treatment or practitioner-based treatment;

(c)

if it is to be resident treatment, the institution or place where it is to be provided;

(d)

if it is to be institution-based treatment—

(i)

the institution or place where it is to be provided, and

(ii)

the intervals at which it is to be provided;

but must not otherwise specify the nature of the treatment.

(6)

In sub-paragraph (5), “treatment period” means—

(a)

if the order specifies separate periods under sub-paragraph (4), any of those periods;

(b)

otherwise, the period specified under sub-paragraph (1).

Annotations

Modifications

C1

Sch. 9 paras. 23-35 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)

Commencement

I1

Sch. 9 para. 23 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)