House of Commons Amendments

Session 2010 - 12
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Other Bills before Parliament

3513

House of Commons

Notices of Amendments

given on

Monday 17 October 2011

Consideration of Bill

Legal Aid, Sentencing and Punishment of Offenders Bill, As

Amended

Alcohol monitoring requirement

Mr Matthew Offord

Mike Freer

NC1

To move the following Clause:—

‘(1)
After section 212 of the Criminal Justice Act 2003, insert—

“212A
Alcohol monitoring requirement

(1)
In this Part “alcohol monitoring requirement”, in relation to a relevant

order, means a requirement that during a period specified in the order, the

offender must—

(a)
not consume alcohol,

(b)
for the purpose of ascertaining whether there is alcohol in the

offender’s body, provide samples of such description as may be

determined, at such times or in such circumstances as may (or

subject to the provisions of the order) be determined by the

responsible officer or by the person specified as the person to

whom the samples are to be provided, and

(c)
pay such amount of no less than £1 and no more than £5 in

respect of the costs of taking and analysing the sample as may be

specified in the order.

(2)
A court may not impose an alcohol monitoring requirement unless—


it is satisfied that—

(a)

(i)
the offender has a propensity to misuse alcohol and the

offender expresses willingness to comply with the

alcohol monitoring requirement, or

(ii)
the misuse by the offender of alcohol caused or

contributed to the offence in question, and

(b)
the Court has been notified by the Secretary of State that

arrangements for implementing the requirement are available in

Notices of Amendments: 17 October 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

the area proposed be specified in the order under section 216

(local justice area to be specified in relevant order).

(3)
A relevant order imposing an alcohol monitoring requirement must

provide that the results of any tests carried out on any samples provided

by the offender to the monitoring officer in pursuance of the requirement

are to be communicated to the responsible officer.

(4)
The Secretary of State may from time to time give guidance about the

exercise of the function of making determinations as to the provision of

samples pursuant to subsection (1)(b).

(5)
The Secretary of State may make rules for all or any of the following

purposes—

(a)
regulating the provision of samples pursuant to an alcohol

monitoring requirement, including hours of attendance, interval

between samples and the keeping of attendance records;

(b)
regulating the provision and carrying on of a facility for the

testing of samples;

(c)
determining the maximum and minimum fee that may be

specified under subsection (1)(c), and the frequency of such

payments;

(d)
regulating the functions of the monitoring officer; and

(e)
making such supplemental, incidental, consequential and

transitional provision as the Secretary of State considers

necessary or expedient.

(6)
In this section, “monitoring officer” means any person, other than the

responsible officer, specified in an alcohol monitoring requirement as the

person to whom samples must be provided.”.

(2)
Schedule (Alcohol monitoring requirement) makes further amendments to the

Criminal Justice Act 2003.’.

Mr Matthew Offord

Mike Freer

NS1

To move the following Schedule:—

‘Alcohol Monitoring Requirement

1
The Criminal Justice Act 2003 is amended as follows.

2
In section 177 (community orders)—

(a)
in subsection (1), after paragraph (j), insert—

“(ja)
an alcohol monitoring requirement (as defined in section

212A),”,

(b)
in subsection (2), after paragraph (g), insert “, and

(h)
section 212A(2) (alcohol monitoring requirement).”.

3
In section 182 (licence conditions)—

(a)
in subsection (1), after paragraph (f), insert—

“(fa)
an alcohol monitoring requirement (as defined in section

212A),”,

(b)
in subsection (2), after paragraph (d), insert “, and

(e)
section 212A(2) (alcohol monitoring requirement).”.

Notices of Amendments: 17 October 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

4
In section 185 (intermittent custody: licence conditions), in subsection (1),

after paragraph (d), insert “, and

(e)
section 212A(2) (alcohol monitoring requirement).”.

5
In section 190 (imposition of requirements by suspended sentence order)—

(a)
in subsection (1), after paragraph (j), insert—

“(ja)
an alcohol monitoring requirement (as defined in section

212A),”,

(b)
in subsection (2), after paragraph (g), insert “, and

(h)
section 212A(2) (alcohol monitoring requirement).”.

(c)
in subsection (4), after “an alcohol treatment requirement,”, insert “an

alcohol monitoring requirement”.

6
In section 238 (power of court to recommend licence conditions), after

subsection (1), insert—

“(1A)
That may include a recommendation that the offender should be

required to refrain from consuming alcohol, including a

requirement that the offender submit to testing.”.

7
In section 250 (licence conditions), after subsection (2)(b)(ii), insert “, and

(iii)
a condition requiring the prisoner to refrain from

consuming alcohol, including a requirement that the

prisoner must submit to testing.”.

8    (1)
Schedule 8 (breach, revocation or amendment of community order) is

amended in accordance with this paragraph.

      (2)
In paragraph 5 (duty to give warning), in sub-paragraph (1), after the words

“community order”, insert “, other than a community order imposing an

alcohol monitoring requirement”.

      (3)
After paragraph 6, insert—

“Breach of an alcohol monitoring requirement

6A  (1)
If the responsible officer is of the opinion that the offender has

failed without reasonable excuse to comply with an alcohol

monitoring requirement the officer may arrest the offender and

must cause an information to be laid before a justice of the peace in

respect of the failure in question.

      (2)
In relation to any community order which was made by the Crown

Court and does not include a direction that any failure to comply

with the requirements of the order is to be dealt with by a

magistrates’ court, the reference in sub-paragraph (1) to a justice of

the peace is to be read as a reference to the Crown Court.”.

9    (1)
Schedule 12 (breach or amendment of suspended sentence order, and effect of

further conviction, is amended in accordance with this paragraph.

      (2)
In paragraph 4 (duty to give warning), in sub-paragraph (1), after “a suspended

sentence order”, insert “, other than an alcohol monitoring requirement”.

      (3)
After paragraph 5, insert—

“Breach of an alcohol monitoring requirement

5A  (1)
If the responsible officer is of the opinion that the offender has

failed without reasonable excuse to comply with an alcohol

monitoring requirement of a suspended sentence order the officer

may arrest the offender and must cause an information to be laid

before a justice of the peace in respect of the failure in question.

Notices of Amendments: 17 October 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

      (2)
In relation to any suspended sentence order which was made by the

Crown Court and does not include a direction that any failure to

comply with the requirements of the order is to be dealt with by a

magistrates’ court, the reference in sub-paragraph (1) to a justice of

the peace is to be read as a reference to the Crown Court.”.

10
In Schedule 14 (persons to whom copies of requirements to be provided in

particular cases), after the entry for “an alcohol treatment requirement”,

insert—

“An alcohol monitoring
Any person specified under section

requirement
212A(1).”.

Youth rehabilitation orders: alcohol monitoring requirement

Mr Matthew Offord

Mike Freer

NC2

To move the following Clause:—

‘(1)
In Schedule 1 to the Criminal Justice and Immigration Act 2008, after paragraph

24 insert—

“24A
Alcohol monitoring requirement

(1)
In this part “alcohol monitoring requirement”, in relation to a youth

rehabilitation order, means a requirement that during a period specified

in the order, the offender must—

(a)
not consume alcohol,

(b)
for the purpose of ascertaining whether there is alcohol in the

offender’s body, provide samples of such description as may be

determined, at such times or in such circumstances as may

(subject to the provisions of the order) be determined by the

responsible officer or by the person specified as the person to

whom the samples are to be provided, and

(c)
pay such amount in respect of the costs of taking and analysing

the sample as may be specified in the order.

(2)
A court may not impose an alcohol monitoring requirement unless it is

satisfied that—

(a)

(i)
the offender has a propensity to misuse alcohol and

expresses willingness to comply with the alcohol

monitoring requirement, or

(ii)
the misuse by the offender of alcohol caused or

contributed to the offence in question, and

(b)
the court has been notified by the Secretary of State that

arrangements for implementing the requirement are available in

the local justice area proposed to be specified in the order.

(3)
A youth rehabilitation order imposing an alcohol monitoring requirement

must provide that the results of any tests carried out on any samples

provided by the offender to the monitoring officer in pursuance of the

requirement are to be communicated to the responsible officer.

(4)
Where the offender has not attained the age of 17, the order must provide

for the samples to be provided in the presence of an appropriate adult.

Notices of Amendments: 17 October 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

(5)
The Secretary of State may from time to time give guidance about the

exercise of the function of making determinations as to the provision of

samples pursuant to sub-paragraph (1)(b).

(6)
The Secretary of State may make rules for all or any of the following

purposes:

(a)
regulating the provision of samples pursuant to an alcohol

monitoring requirement, including hours of attendance, interval

between samples and the keeping of attendance records;

(b)
regulating the provision and carrying on of a facility for the

testing of samples;

(c)
determining the maximum and minimum fee that may be

specified under sub-paragraph (1)(c), and the frequency of such

payments;

(d)
regulating the functions of the monitoring officer; and

(e)
making such supplemental, incidental, consequential and

transitional provision as the Secretary of State considers

necessary or expedient.

(7)
In this paragraph—

“appropriate adult” means—

(a)
the offender’s parent or guardian or, if the offender is in the care

of the local authority or voluntary organisation, a person

representing that authority or organisation,

(b)
a social worker of the local authority, or

(c)
if no person falling within paragraph (a) or (b) is available, any

responsible person aged 18 or over who is not a police officer or

a person employed by the police;

“monitoring officer” means any person, other than the responsible officer,

specified in an alcohol monitoring requirement as the person to whom

samples must be provided.”.

(2)
Schedule (Youth rehabilitation orders: Alcohol monitoring requirement) makes

further amendments to the Criminal Justice and Immigration Act 2008.’.

Mr Matthew Offord

Mike Freer

NS2

To move the following Schedule:—

‘Youth Rehabilitation Orders: Alcohol Monitoring Requirement

11
The Criminal Justice and Immigration Act 2008 is amended as follows.

12
In section 1 (youth rehabilitation orders), after subsection (1)(n), insert—

“(na)
an alcohol monitoring requirement (see paragraph 24A of that

Schedule),”.

13  (1)
Schedule 1 (further provision about youth rehabilitation orders) is amended in

accordance with this paragraph.

      (2)
In paragraph 1 (imposition of requirements), after sub-paragraph (k), insert—

“(ka)
paragraph 24A(2) (alcohol monitoring requirement), and”.

      (3)
In paragraph 34(4) (provision of copies of orders), after the entry for “an

intoxicating substance treatment requirement)”, insert—

Notices of Amendments: 17 October 2011
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Legal Aid, Sentencing and Punishment of Offenders Bill, continued

“An alcohol monitoring requirement
Any person specified under

paragraph 24A(1).”.

14  (1)
Schedule 2 (breach, revocation or amendment of youth rehabilitation orders)

is amended in accordance with this paragraph.

      (2)
In paragraph 3(1) (duty to give warning), after “youth rehabilitiation order”,

insert “, other than an order imposing an alcohol monitoring requirement,”.

      (3)
After paragraph 4, insert—

“Breach of an alcohol monitoring requirement

4A
If the responsible officer is of the opinion that the offender has

failed without reasonable excuse to comply with an alcohol

monitoring requirement the officer may arrest the offender and

must cause an information to be laid before a justice of the peace in

respect of that failure.”.

      (4)
In paragraph 21(1) (warrants) after “by virtue of this Schedule”, insert “or

under paragraph 4A”.’.



© Parliamentary copyright	Revised 18 October 2011