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| Legal Aid, Sentencing and Punishment of Offenders Bill, As |
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| | Alcohol monitoring requirement |
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| To move the following Clause:— |
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| | ‘(1) | After section 212 of the Criminal Justice Act 2003, insert— |
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| | “212A | Alcohol monitoring requirement |
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| | (1) | In this Part “alcohol monitoring requirement”, in relation to a relevant |
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| | order, means a requirement that during a period specified in the order, the |
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| | (b) | for the purpose of ascertaining whether there is alcohol in the |
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| | offender’s body, provide samples of such description as may be |
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| | determined, at such times or in such circumstances as may (or |
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| | subject to the provisions of the order) be determined by the |
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| | responsible officer or by the person specified as the person to |
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| | whom the samples are to be provided, and |
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| | (c) | pay such amount of no less than £1 and no more than £5 in |
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| | respect of the costs of taking and analysing the sample as may be |
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| | |
| | (2) | A court may not impose an alcohol monitoring requirement unless— |
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| | (i) | the offender has a propensity to misuse alcohol and the |
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| | offender expresses willingness to comply with the |
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| | alcohol monitoring requirement, or |
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| | (ii) | the misuse by the offender of alcohol caused or |
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| | contributed to the offence in question, and |
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| | (b) | the Court has been notified by the Secretary of State that |
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| | arrangements for implementing the requirement are available in |
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| | the area proposed be specified in the order under section 216 |
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| | (local justice area to be specified in relevant order). |
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| | (3) | A relevant order imposing an alcohol monitoring requirement must |
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| | provide that the results of any tests carried out on any samples provided |
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| | by the offender to the monitoring officer in pursuance of the requirement |
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| | are to be communicated to the responsible officer. |
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| | (4) | The Secretary of State may from time to time give guidance about the |
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| | exercise of the function of making determinations as to the provision of |
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| | samples pursuant to subsection (1)(b). |
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| | (5) | The Secretary of State may make rules for all or any of the following |
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| | (a) | regulating the provision of samples pursuant to an alcohol |
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| | monitoring requirement, including hours of attendance, interval |
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| | between samples and the keeping of attendance records; |
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| | (b) | regulating the provision and carrying on of a facility for the |
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| | (c) | determining the maximum and minimum fee that may be |
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| | specified under subsection (1)(c), and the frequency of such |
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| | (d) | regulating the functions of the monitoring officer; and |
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| | (e) | making such supplemental, incidental, consequential and |
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| | transitional provision as the Secretary of State considers |
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| | (6) | In this section, “monitoring officer” means any person, other than the |
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| | responsible officer, specified in an alcohol monitoring requirement as the |
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| | person to whom samples must be provided.”. |
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| | (2) | Schedule (Alcohol monitoring requirement) makes further amendments to the |
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| | Criminal Justice Act 2003.’. |
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| To move the following Schedule:— |
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| | ‘Alcohol Monitoring Requirement |
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| | 1 | The Criminal Justice Act 2003 is amended as follows. |
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| | 2 | In section 177 (community orders)— |
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| | (a) | in subsection (1), after paragraph (j), insert— |
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| | “(ja) | an alcohol monitoring requirement (as defined in section |
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| | (b) | in subsection (2), after paragraph (g), insert “, and |
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| | (h) | section 212A(2) (alcohol monitoring requirement).”. |
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| | 3 | In section 182 (licence conditions)— |
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| | (a) | in subsection (1), after paragraph (f), insert— |
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| | “(fa) | an alcohol monitoring requirement (as defined in section |
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| | (b) | in subsection (2), after paragraph (d), insert “, and |
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| | (e) | section 212A(2) (alcohol monitoring requirement).”. |
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| | 4 | In section 185 (intermittent custody: licence conditions), in subsection (1), |
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| | after paragraph (d), insert “, and |
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| | (e) | section 212A(2) (alcohol monitoring requirement).”. |
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| | 5 | In section 190 (imposition of requirements by suspended sentence order)— |
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| | (a) | in subsection (1), after paragraph (j), insert— |
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| | “(ja) | an alcohol monitoring requirement (as defined in section |
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| | (b) | in subsection (2), after paragraph (g), insert “, and |
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| | (h) | section 212A(2) (alcohol monitoring requirement).”. |
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| | (c) | in subsection (4), after “an alcohol treatment requirement,”, insert “an |
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| | alcohol monitoring requirement”. |
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| | 6 | In section 238 (power of court to recommend licence conditions), after |
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| | “(1A) | That may include a recommendation that the offender should be |
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| | required to refrain from consuming alcohol, including a |
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| | requirement that the offender submit to testing.”. |
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| | 7 | In section 250 (licence conditions), after subsection (2)(b)(ii), insert “, and |
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| | (iii) | a condition requiring the prisoner to refrain from |
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| | consuming alcohol, including a requirement that the |
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| | prisoner must submit to testing.”. |
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| | 8 (1) | Schedule 8 (breach, revocation or amendment of community order) is |
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| | amended in accordance with this paragraph. |
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| | (2) | In paragraph 5 (duty to give warning), in sub-paragraph (1), after the words |
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| | “community order”, insert “, other than a community order imposing an |
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| | alcohol monitoring requirement”. |
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| | (3) | After paragraph 6, insert— |
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| | “Breach of an alcohol monitoring requirement |
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| | 6A (1) | If the responsible officer is of the opinion that the offender has |
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| | failed without reasonable excuse to comply with an alcohol |
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| | monitoring requirement the officer may arrest the offender and |
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| | must cause an information to be laid before a justice of the peace in |
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| | respect of the failure in question. |
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| | (2) | In relation to any community order which was made by the Crown |
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| | Court and does not include a direction that any failure to comply |
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| | with the requirements of the order is to be dealt with by a |
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| | magistrates’ court, the reference in sub-paragraph (1) to a justice of |
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| | the peace is to be read as a reference to the Crown Court.”. |
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| | 9 (1) | Schedule 12 (breach or amendment of suspended sentence order, and effect of |
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| | further conviction, is amended in accordance with this paragraph. |
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| | (2) | In paragraph 4 (duty to give warning), in sub-paragraph (1), after “a suspended |
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| | sentence order”, insert “, other than an alcohol monitoring requirement”. |
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| | (3) | After paragraph 5, insert— |
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| | “Breach of an alcohol monitoring requirement |
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| | 5A (1) | If the responsible officer is of the opinion that the offender has |
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| | failed without reasonable excuse to comply with an alcohol |
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| | monitoring requirement of a suspended sentence order the officer |
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| | may arrest the offender and must cause an information to be laid |
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| | before a justice of the peace in respect of the failure in question. |
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| | (2) | In relation to any suspended sentence order which was made by the |
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| | Crown Court and does not include a direction that any failure to |
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| | comply with the requirements of the order is to be dealt with by a |
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| | magistrates’ court, the reference in sub-paragraph (1) to a justice of |
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| | the peace is to be read as a reference to the Crown Court.”. |
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| | 10 | In Schedule 14 (persons to whom copies of requirements to be provided in |
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| | particular cases), after the entry for “an alcohol treatment requirement”, |
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| | Any person specified under section |
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| | Youth rehabilitation orders: alcohol monitoring requirement |
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| To move the following Clause:— |
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| | ‘(1) | In Schedule 1 to the Criminal Justice and Immigration Act 2008, after paragraph |
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| | |
| | “24A | Alcohol monitoring requirement |
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| | (1) | In this part “alcohol monitoring requirement”, in relation to a youth |
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| | rehabilitation order, means a requirement that during a period specified |
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| | in the order, the offender must— |
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| | |
| | (b) | for the purpose of ascertaining whether there is alcohol in the |
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| | offender’s body, provide samples of such description as may be |
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| | determined, at such times or in such circumstances as may |
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| | (subject to the provisions of the order) be determined by the |
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| | responsible officer or by the person specified as the person to |
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| | whom the samples are to be provided, and |
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| | (c) | pay such amount in respect of the costs of taking and analysing |
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| | the sample as may be specified in the order. |
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| | (2) | A court may not impose an alcohol monitoring requirement unless it is |
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| | |
| | |
| | (i) | the offender has a propensity to misuse alcohol and |
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| | expresses willingness to comply with the alcohol |
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| | monitoring requirement, or |
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| | (ii) | the misuse by the offender of alcohol caused or |
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| | contributed to the offence in question, and |
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| | (b) | the court has been notified by the Secretary of State that |
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| | arrangements for implementing the requirement are available in |
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| | the local justice area proposed to be specified in the order. |
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| | (3) | A youth rehabilitation order imposing an alcohol monitoring requirement |
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| | must provide that the results of any tests carried out on any samples |
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| | provided by the offender to the monitoring officer in pursuance of the |
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| | requirement are to be communicated to the responsible officer. |
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| | (4) | Where the offender has not attained the age of 17, the order must provide |
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| | for the samples to be provided in the presence of an appropriate adult. |
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| | (5) | The Secretary of State may from time to time give guidance about the |
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| | exercise of the function of making determinations as to the provision of |
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| | samples pursuant to sub-paragraph (1)(b). |
|
| | (6) | The Secretary of State may make rules for all or any of the following |
|
| | |
| | (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 |
|
| | |
| | (c) | determining the maximum and minimum fee that may be |
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| | specified under sub-paragraph (1)(c), and the frequency of such |
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| | |
| | (d) | regulating the functions of the monitoring officer; and |
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| | (e) | making such supplemental, incidental, consequential and |
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| | transitional provision as the Secretary of State considers |
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| | |
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| | “appropriate adult” means— |
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| | (a) | the offender’s parent or guardian or, if the offender is in the care |
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| | of the local authority or voluntary organisation, a person |
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| | representing that authority or organisation, |
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| | (b) | a social worker of the local authority, or |
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| | (c) | if no person falling within paragraph (a) or (b) is available, any |
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| | responsible person aged 18 or over who is not a police officer or |
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| | a person employed by the police; |
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| | “monitoring officer” means any person, other than the responsible officer, |
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| | specified in an alcohol monitoring requirement as the person to whom |
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| | samples must be provided.”. |
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| | (2) | Schedule (Youth rehabilitation orders: Alcohol monitoring requirement) makes |
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| | further amendments to the Criminal Justice and Immigration Act 2008.’. |
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| To move the following Schedule:— |
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| | ‘Youth Rehabilitation Orders: Alcohol Monitoring Requirement |
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| | 11 | The Criminal Justice and Immigration Act 2008 is amended as follows. |
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| | 12 | In section 1 (youth rehabilitation orders), after subsection (1)(n), insert— |
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| | “(na) | an alcohol monitoring requirement (see paragraph 24A of that |
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| | 13 (1) | Schedule 1 (further provision about youth rehabilitation orders) is amended in |
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| | accordance with this paragraph. |
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| | (2) | In paragraph 1 (imposition of requirements), after sub-paragraph (k), insert— |
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| | “(ka) | paragraph 24A(2) (alcohol monitoring requirement), and”. |
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| | (3) | In paragraph 34(4) (provision of copies of orders), after the entry for “an |
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| | intoxicating substance treatment requirement)”, insert— |
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| “An alcohol monitoring requirement |
| Any person specified under |
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| | 14 (1) | Schedule 2 (breach, revocation or amendment of youth rehabilitation orders) |
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| | is amended in accordance with this paragraph. |
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| | (2) | In paragraph 3(1) (duty to give warning), after “youth rehabilitiation order”, |
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| | insert “, other than an order imposing an alcohol monitoring requirement,”. |
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| | (3) | After paragraph 4, insert— |
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| | “Breach of an alcohol monitoring requirement |
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| | 4A | If the responsible officer is of the opinion that the offender has |
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| | failed without reasonable excuse to comply with an alcohol |
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| | monitoring requirement the officer may arrest the offender and |
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| | must cause an information to be laid before a justice of the peace in |
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| | respect of that failure.”. |
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| | (4) | In paragraph 21(1) (warrants) after “by virtue of this Schedule”, insert “or |
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