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| Re-release of prisoners serving extended sentences. |
86. After section 3 of the 1993 Act there shall be inserted the following section-
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| "Re-release of prisoners serving extended sentences. |
3A. - (1) This section applies to a prisoner serving an extended sentence within the meaning of section 210A of the 1995 Act (extended sentences) who has been recalled to prison under section 17(1) of this Act.
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(2) Subject to subsection (3) below, a prisoner to whom this section applies may require the Secretary of State to refer his case to the Parole Board-
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(a) where his case has previously been referred to the Parole Board under this section or section 17(3) of this Act, not less than one year following the disposal of that referral; |
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(b) in any other case, at any time. |
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(3) Where a prisoner to whom this section applies is subject to another sentence which is not treated as a single sentence with the extended sentence, the Secretary of State shall not be required to refer his case to the Parole Board before he has served one half of that other sentence.
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(4) Where the case of a prisoner to whom this section applies is referred to the Parole Board under this section or section 17(3) of this Act, the Board shall, if it is satisfied that it is no longer necessary for the protection of the public from serious harm that the prisoner should be confined (but not otherwise), direct that he should be released.
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(5) If the Parole Board gives a direction under subsection (4) above, the Secretary of State shall release the prisoner on licence."
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Offenders dependent etc. on drugs |
| Drug treatment and testing orders. |
87. After section 234A of the 1995 Act there shall be inserted the following section-
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| "Drug treatment and testing order. |
234B. - (1) This section applies where a person of 16 years of age or more is convicted of an offence, other than one for which the sentence is fixed by law, committed on or after the date on which section 87 of the Crime and Disorder Act 1998 comes into force.
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(2) Subject to the provisions of this section, the court by or before which the offender is convicted may, if it is of the opinion that it is expedient to do so instead of sentencing him, make an order (a "drug treatment and testing order") which shall-
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(a) have effect for a period specified in the order of not less than six months nor more than three years ("the treatment and testing period"); and |
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(b) include the requirements and provisions mentioned in section 234C of this Act. |
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(3) A court shall not make a drug treatment and testing order unless it-
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(a) has been notified by the Secretary of State that arrangements for implementing such orders are available in the area of the local authority proposed to be specified in the order under section 234C(6) of this Act and the notice has not been withdrawn; |
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(b) has obtained a report by, and if necessary heard evidence from, an officer of the local authority in whose area the offender is resident about the offender and his circumstances; and |
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(i) the offender is dependent on, or has a propensity to misuse, drugs;
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(ii) his dependency or propensity is such as requires and is susceptible to treatment; and
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(iii) he is a suitable person to be subject to such an order.
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(4) For the purpose of determining for the purposes of subsection (3)(c) above whether the offender has any drug in his body, the court may by order require him to provide samples of such description as it may specify.
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(5) A drug treatment and testing order or an order under subsection (4) above shall not be made unless the offender expresses his willingness to comply with its requirements.
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(6) The Secretary of State may by order-
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(a) amend paragraph (a) of subsection (2) above by substituting a different period for the minimum or the maximum period for the time being specified in that paragraph; and |
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(b) make such transitional provisions as appear to him necessary or expedient in connection with any such amendment. |
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(7) The power to make an order under subsection (6) above shall be exercisable by statutory instrument; but no such order shall be made unless a draft of the order has been laid before and approved by resolution of each House of Parliament.
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(8) A drug treatment and testing order shall be as nearly as may be in the form prescribed by Act of Adjournal."
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| Requirements and provisions to be included in drug treatment and testing orders. |
88. After section 234B of the 1995 Act there shall be inserted the following section-
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| "Requirements and provisions of drug treatment and testing orders. |
234C. - (1) A drug treatment and testing order shall include a requirement ("the treatment requirement") that the offender shall submit, during the whole of the treatment and testing period, to treatment by or under the direction of a specified person having the necessary qualifications or experience ("the treatment provider") with a view to the reduction or elimination of the offender's dependency on or propensity to misuse drugs.
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(2) The required treatment for any period shall be-
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(a) treatment as a resident in such institution or place as may be specified in the order; or |
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(b) treatment as a non-resident in or at such institution or place, and at such intervals, as may be so specified; |
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but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.
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(3) A court shall not make a drug treatment and testing order unless it is satisfied that arrangements have been made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is required to submit to treatment as a resident).
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(4) A drug treatment and testing order shall include a requirement ("the testing requirement") that, for the purpose of ascertaining whether he has any drug in his body during the treatment and testing period, the offender shall provide during that period, at such times and in such circumstances as may (subject to the provisions of the order) be determined by the treatment provider, samples of such description as may be so determined.
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(5) The testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided.
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(6) A drug treatment and testing order shall specify the local authority in whose area the offender will reside when the order is in force and require that authority to appoint or assign an officer ("a supervising officer") for the purposes of subsections (7) and (8) below.
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(7) A drug treatment and testing order shall-
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(a) provide that, for the treatment and testing period, the offender shall be under the supervision of a supervising officer; |
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(b) require the offender to keep in touch with the supervising officer in accordance with such instructions as he may from time to time be given by that officer, and to notify him of any change of address; and |
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(c) provide that the results of the tests carried out on the samples provided by the offender in pursuance of the testing requirement shall be communicated to the supervising officer. |
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(8) Supervision by the supervising officer shall be carried out to such extent only as may be necessary for the purpose of enabling him-
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(a) to report on the offender's progress to the appropriate court; |
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(b) to report to that court any failure by the offender to comply with the requirements of the order; and |
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(c) to determine whether the circumstances are such that he should apply to that court for the variation or revocation of the order." |
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| Procedural matters relating to drug treatment and testing orders. |
89. After section 234C of the 1995 Act there shall be inserted the following section-
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| "Procedural matters relating to drug treatment and testing orders. |
234D. - (1) Before making a drug treatment and testing order, a court shall explain to the offender in ordinary language-
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(a) the effect of the order and of the requirements proposed to be included in it; |
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(b) the consequences which may follow under section 234G of this Act if he fails to comply with any of those requirements; |
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(c) that the court has power under section 234E of this Act to vary or revoke the order on the application of either the offender or of the supervising officer; and |
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(d) that the order will be periodically reviewed at intervals provided for in the order. |
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(2) Upon making a drug treatment and testing order the court shall-
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(a) give, or send by registered post or the recorded delivery service, a copy of the order to the offender; |
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(b) send a copy of the order to the treatment provider; |
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(c) send a copy of the order to the chief social work officer of the local authority specified in the order in accordance with section 234C(6) of this Act; and |
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(d) where it is not the appropriate court, send a copy of the order (together with such documents and information relating to the case as are considered useful) to the clerk of the appropriate court. |
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(3) Where a copy of a drug treatment and testing order has under subsection (2)(a) been sent by registered post or by the recorded delivery service, an acknowledgment or certificate of delivery of a letter containing a copy order issued by the Post Office shall be sufficient evidence of the delivery of the letter on the day specified in such acknowledgement or certificate."
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