drug treatment and testing order

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An order requiring an offender to submit to regular drug testing, to attend an intensive treatment and rehabilitation programme, and to have his progress reviewed regularly by the courts. Section 52 of the Powers of Criminal Courts (Sentencing Act) 2000 empowers a court to make a drug treatment and testing order in respect of an offender aged 16 or over, provided that it is satisfied that he is dependent on or has the propensity to misuse drugs and that he requires or may be susceptible to treatment. The order must be made for a period of between six months and three years. It cannot be made unless the offender expresses his willingness to comply with its requirements. Offenders are supervised by the Probation Service and may be brought before the court to be re‐sentenced if they fail to comply with the order. The order is only available in respect of an offence committed by an adult before 4 April 2005 (4 April 2007 in respect of a person aged 16 or 17). Offences committed by those aged 16 or over after those dates fall to be dealt with under the community order provisions introduced by pt 12 of the Criminal Justice Act 2003.

Subjects: Law.

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