Clause 1

Part of Criminal Justice and Immigration Bill – in a Public Bill Committee am 4:00 pm ar 23 Hydref 2007.

Danfonwch hysbysiad imi am ddadleuon fel hyn

‘Substance treatment requirement

23A (2) In this Part of the Act, “substance treatment requirement”, in relation to a youth rehabilitation order, means a requirement that the offender must submit, during a period or periods specified in the order, to treatment, by or under the direction of a person so specified having the necessary qualifications (“the treatment provider”), with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse substances.

(3) A court may not include a substance treatment requirement in a youth rehabilitation order unless it is satisfied—

(a) that the offender is dependent on, or has a propensity to misuse, substances, and

(b) that the offender’s dependency on or propensity is such as requires and may be susceptible to treatment.

(4) The treatment required during a period specified under sub-paragraph (1) must be such one of the following kinds of treatment as may be specified in the youth rehabilitation order—

(a) treatment as a resident in such institution or place as may be specified in the order, or

(b) treatment as a non-resident at such institution or place, and at such intervals, as may be so specified, but the order must not otherwise specify the nature of the treatment.

(5) A court may not include a substance treatment requirement in a youth rehabilitation order unless—

(a) the court has been notified by the Secretary of State that arrangements for implementing substance treatment requirements are in force in the local justice area in which the offender resides or is to reside,

(b) the court is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including, where the offender is to be required to submit to treatment as a resident, arrangements for the reception of the offender),

(c) the requirement has been recommended to the court as suitable for the offender by a member of a youth offending team or by an officer of a local probation board, and

(d) where the offender is aged 14 or over at the time that the requirement is imposed, the offender has expressed willingness to comply with the requirement.

(6) In this paragraph “substance” means any substance, whether in liquid, solid or gaseous form.’.

No. 182, in clause 7, page 5, line 48, at end insert—

‘“substance treatment requirement”, in relation to a youth rehabilitation order, has the meaning given by paragraph 23A of Schedule 1;’.

I understand that it would be for the convenience of the Committee if I were to expand the group of amendments under consideration to include the following further amendments, standing in the name of the hon. Member for Enfield, Southgate: No. 105, in clause 1, page 2, line 11, at end insert—

‘, and

(o) an alcohol treatment requirement (see paragraph 24B of that schedule).’.

No. 106, in schedule 1, page 99, line 2, at end insert—