drug abstinence order

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An order requiring an offender to abstain from misusing specified Class A drugs and to submit to regular drug testing. Section 58A of the Powers of Criminal Courts (Sentencing Act) 2000 empowers a court to make a drug abstinence order in respect of an offender aged 18 or over, provided that it is satisfied that he is dependent on or has the propensity to misuse specified Class A drugs and either the offence which brought him before the court is a ‘trigger offence’ (as defined in sch 6 to the Criminal Justice and Court Services Act 2000) or else misuse of the Class A drug caused or contributed to the offence. The order must be for a specified period of between six months and three years and may be made in conjunction with a community rehabilitation order. The order is only available in respect of an offence committed before 4 April 2005.

Subjects: Law.

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