OpenLegislation

Paragraph 26 I1C1

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

(1)

A relevant order may not include both—

(a)

an alcohol treatment requirement, and

(b)

an alcohol abstinence and monitoring requirement.

(2)

A court may not include an alcohol abstinence and monitoring requirement in a relevant order unless the following conditions are met—

(a)

the relevance of alcohol condition,

(b)

the non-dependency condition, and

(c)

the availability of arrangements condition.

(3)

The relevance of alcohol condition is that—

(a)

the offender's consumption of alcohol is an element of the offence for which the order is to be imposed or of an associated offence, or

(b)

the court is satisfied that the offender's consumption of alcohol was a factor that contributed to the commission of that offence or to an associated offence.

(4)

The non-dependency condition is that the court is satisfied that the offender is not dependent on alcohol.

(5)

The availability of arrangements condition is that the court has been notified by the Secretary of State that arrangements for monitoring of the kind to be specified in the relevant order are available in the offender's home local justice area (and the notice has not been withdrawn).

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. 26 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)