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Statutory Instruments 1998 No. 2839 (N.I. 20)
The Criminal Justice (Northern Ireland) Order 1998 - continued

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Periodic reviews
     10.  - (1) A drug treatment and testing order shall - 

    (a) provide for the order to be reviewed periodically at intervals of not less than one month;

    (b) provide for each review of the order to be made, subject to paragraph (6), at a hearing held for the purpose by the court responsible for the order (a "review hearing");

    (c) require the offender to attend each review hearing;

    (d) provide for the responsible officer to make to the court, before each review, a report in writing on the offender's progress under the order; and

    (e) provide for each such report to include the test results communicated to the responsible officer under Article 9(7)(c) and the views of the treatment provider as to the treatment and testing of the offender.

    (2) At a review hearing the court, after considering the responsible officer's report, may amend any requirement or provision of the order.

    (3) The court - 

    (a) shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended;

    (b) shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in Article 8(2), or to increase it above the maximum so specified; and

    (c) except with the consent of the offender, shall not amend any requirement or provision of the order while an appeal against the order is pending.

    (4) If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may - 

    (a) revoke the order; and

    (b) deal with him, for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.

    (5) In dealing with the offender under paragraph (4)(b), the court - 

    (a) shall take into account the extent to which the offender has complied with the requirements of the order; and

    (b) may impose a custodial sentence notwithstanding anything in Article 19(2) of the Criminal Justice (Northern Ireland) Order 1996.

    (6) If at a review hearing the court, after considering the responsible officer's report, is of the opinion that the offender's progress under the order is satisfactory, the court may so amend the order as to provide for each subsequent review to be made by the court without a hearing.

    (7) If at a review without a hearing the court, after considering the responsible officer's report, is of the opinion that the offender's progress under the order is no longer satisfactory, the court may require the offender to attend a hearing of the court at a specified time and place.

    (8) At that hearing the court, after considering that report, may - 

    (a) exercise the powers conferred by this Article as if the hearing were a review hearing; and

    (b) so amend the order as to provide for each subsequent review to be made at a review hearing.

    (9) In this Article any reference to the court, in relation to a review without a hearing, shall be construed - 

    (a) in the case of the Crown Court, as a reference to a judge of the court;

    (b) in the case of a court of summary jurisdiction, as a reference to a resident magistrate acting for the petty sessions district for which the court acts.

Supplementary provisions as to orders
     11.  - (1) Before making a drug treatment and testing order, a court shall explain to the offender in ordinary language - 

    (a) the effect of the order and of the requirements proposed to be included in it;

    (b) the consequences which may follow (under Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996) if he fails to comply with any of those requirements;

    (c) that the order may be reviewed (under that Schedule) on the application either of the offender or of the responsible officer; and

    (d) that the order will be periodically reviewed at intervals as provided for in the order (by virtue of Article 10);

and the court shall not make the order unless the offender expresses his willingness to comply with its requirements.

    (2) Where, in the case of a drug treatment and testing order made by a court of summary jurisdiction, another court is responsible for the order, the court making the order shall forthwith send copies of the order to the other court.

    (3) Where a drug treatment and testing order is made or amended under Article 10(2), the court responsible for the order shall forthwith or, in a case falling within paragraph (2), as soon as reasonably practicable give copies of the order, or the order as amended, to a probation officer and he shall give a copy - 

    (a) to the offender;

    (b) to the treatment provider; and

    (c) to the responsible officer.

    (4) Where a drug treatment and testing order has been made on an appeal brought from a court of summary jurisdiction, or from the Crown Court, or from the Court of Appeal, for the purposes of Articles 9 and 10 it shall be deemed to have been made by a court of summary jurisdiction or, as the case may require, the Crown Court.

    (5) Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (enforcement etc. of community orders) shall have effect subject to the amendments specified in Part I of the Schedule being amendments for applying that Schedule to drug treatment and testing orders.

    (6) The amendments and repeals of the Criminal Justice (Northern Ireland) Order 1996 specified in Part II of the Schedule shall have effect, being amendments and repeals consequential upon the provisions of Articles 8 to 11.


A.K. Galloway
Clerk of the Privy Council


SCHEDULE
Article 11(5).


THE CRIMINAL JUSTICE (NORTHERN IRELAND)ORDER 1996




PART I

ENFORCEMENT ETC. OF DRUG TREATMENT AND TESTING ORDERS

Preliminary

     1. Schedule 2 to the Criminal Justice (Northern Ireland) Order 1996 (enforcement etc. of community orders) shall be amended as follows.

Meaning of "relevant order" etc.

     2.  - (1) In paragraph 1 (preliminary) - 

    (a) at the beginning insert "(1)" and after "a probation order," insert "a drug treatment and testing order,";

    (b) at the end insert the following sub-paragraphs - 

        " (2) In this Schedule, references to the court responsible for a drug treatment and testing order shall be construed in accordance with Article 9 of the Criminal Justice (Northern Ireland) Order 1998.

        (3) Where a drug treatment and testing order has been made on an appeal brought from a court of summary jurisdiction, or from the Crown Court, or from the Court of Appeal, for the purposes of this Schedule it shall be deemed to have been made by a court of summary jurisdiction or, as the case may require, the Crown Court.".

Breach of requirements of order

     3. In paragraph 2(2) (issue of summons or warrant), for "before a court of summary jurisdiction acting for the petty sessions district concerned" substitute - 

      " (a) except where the relevant order is a drug treatment and testing order, before a court of summary jurisdiction acting for the petty sessions district concerned;

      (b) in the excepted case, before the court responsible for the order.".

     4. In paragraph 4(1) (powers of Crown Court), after "Where" insert "under paragraph 2 or".

     5. In paragraph 5(2) (exclusions), for "is required by a probation order to submit to treatment for his mental condition, or his dependency on drugs or alcohol," substitute - 

      " (a) is required by a probation order to submit to treatment for his mental condition, or his dependency on or propensity to misuse drugs or alcohol; or

      (b) is required by a drug treatment and testing order to submit to treatment for his dependency on or propensity to misuse drugs,".

    Revocation of order

     6. In paragraph 7 (revocation of order by a court of summary jurisdiction) - 

    (a) in sub-paragraph (1) after "the petty sessions district concerned" insert "or, where the relevant order is a drug treatment and testing order for which a court of summary jurisdiction is responsible, to that court";

    (b) in sub-paragraph (3) - 

      (i) after "a probation order" insert "or drug treatment and testing order"; and

      (ii) after "supervision" insert "or, as the case may be, treatment".

     7. In paragraph 8 (revocation of order by Crown Court) - 

    (a) after sub-paragraph (1) insert the following sub-paragraph - 

        " (1A) This paragraph also applies where - 

      (a) a drug treatment and testing order made by the Crown Court is in force in respect of an offender; and

      (b) the offender or the responsible officer applies to the Crown Court for the order to be revoked or for the offender to be dealt with in some other manner for the offence in respect of which the order was made.";

    (b) in sub-paragraph (3) - 

      (i) after "a probation order" insert "or drug treatment and testing order"; and

      (ii) after "supervision" insert "or, as the case may be, treatment".

     8. For paragraph 9(1)(a) (revocation of order following custodial sentence), substitute - 

      " (a) an offender in respect of whom a relevant order is in force is convicted of an offence. - 

        (i) by a court of summary jurisdiction other than a court acting for the petty sessions district concerned; or

        (ii) where the relevant order is a drug treatment and testing order, by a court of summary jurisdiction which is not responsible for the order; and".

      Amendment of order

     9. In paragraph 12(1) (amendment by reason of change of residence), after "a relevant order" insert "(other than a drug treatment and testing order)".

     10. After paragraph 14 insert the following paragraph - 

    " Amendment of drug treatment and testing order

         14A.  - (1) Without prejudice to the provisions of Article 10(2), (7) and (9) of the Criminal Justice (Northern Ireland) Order 1998, the court responsible for a drug treatment and testing order may by order - 

      (a) vary or cancel any of the requirements or provisions of the order on an application by the responsible officer under sub-paragraph (2) or (3)(a) or (b); or

      (b) amend the order on an application by that officer under sub-paragraph (3)(c).

        (2) Where the treatment provider is of the opinion that the treatment or testing requirement of the order should be varied or cancelled - 

      (a) he shall make a report in writing to that effect to the responsible officer; and

      (b) that officer shall apply to the court for the variation or cancellation of the requirement.

        (3) Where the responsible officer is of the opinion - 

      (a) that the treatment or testing requirement of the order should be so varied as to specify a different treatment provider;

      (b) that any other requirement of the order, or a provision of the order, should be varied or cancelled; or

      (c) that the order should be so amended as to provide for each subsequent review under Article 10 of the Criminal Justice (Northern Ireland) Order 1998 to be made without a hearing instead of at a review hearing, or vice versa,

    he shall apply to the court for the variation or cancellation of the requirement or provision or the amendment of the order.

        (4) The court - 

      (a) shall not amend the treatment or testing requirement unless the offender expresses his willingness to comply with the requirement as amended; and

      (b) shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in Article 9(2) of the Criminal Justice (Northern Ireland) Order 1998 or to increase it above the maximum so specified.

        (5) If the offender fails to express his willingness to comply with the treatment or testing requirement as proposed to be amended by the court, the court may - 

      (a) revoke the order; and

      (b) deal with him for the offence in respect of which the order was made, in any manner in which it could deal with him if he had just been convicted by the court of the offence.

        (6) In dealing with the offender under sub-paragraph (5)(b), the court - 

      (a) shall take into account the extent to which the offender has complied with the requirements of the order; and

      (b) may impose a custodial sentence notwithstanding anything in Article 19(2) of this Order.

        (7) In this paragraph - 

      "review hearing" has the same meaning as in Article 10 of the Criminal Justice (Northern Ireland) Order 1998;

      "the treatment requirement" and "the testing requirement" have the same meanings as in Article 2(2) of that Order.".

     11. In paragraph 16 (order not to be amended pending appeal), after "paragraph 13 or 15" insert "or, except with the consent of the offender, under paragraph 14A".

     12. In paragraph 18 (notification of amended order) - 

    (a) in sub-paragraph (1) after "a relevant order" insert "(other than a drug treatment and testing order)";

    (b) after sub-paragraph (1) insert the following sub-paragraph - 

        " (1A) On the making under this Part of this Schedule of an order amending a drug treatment and testing order, the clerk to the court shall forthwith give copies of the amending order to the responsible officer.";

    (c) in sub-paragraph (2) after "sub-paragraph (1)" insert "or (1A)".



PART II

CONSEQUENTIAL AMENDMENTS AND REPEALS

     13. In Article 2(2) (interpretation) - 

    (a) insert the following definition - 

      " "drug treatment and testing order" means an order under Article 8 of the Criminal Justice (Northern Ireland) Order 1998;";

    (b) in the definition of "community order" after sub-paragraph (a) insert - 

      " (aa) a drug treatment and testing order;".

     14. In Article 9(3) (procedural requirements for community sentences) after sub-paragraph (a) insert - 

      " (aa) a drug treatment and testing order;".

     15. In Article 17(3) (regulation of community orders) for "and" after sub-paragraph (a) substitute - 

      " (aa) in relation to an offender who is subject to a drug treatment and testing order, the probation officer responsible for his supervision; and".

     16. For Article 19(3) (restrictions on imposing custodial sentences) substitute - 

        " (3) Nothing in paragraph (2) shall prevent the court from passing custodial sentence on the offender if he fails to express his willingness to comply with - 

      (a) a requirement which is proposed by the court to be included in a probation order or supervision order and which requires an expression of such willingness; or

      (b) a requirement which is proposed by the court to be included in a drug treatment and testing order or an order under Article 8(5) of the Criminal Justice (Northern Ireland) Order 1998.".

     17. In paragraph 5 of Schedule 1 (additional requirements for probation orders) the words "drugs or" in each place where they occur shall cease to have effect.


EXPLANATORY NOTE

(This note is not part of the Order)


This Order is made only for purposes corresponding to those of sections 2 to 4, 34, 47(5), 57, 61 to 64 and 85 of the Crime and Disorder Act 1998.

The Order - 

    (a) abolishes the rebuttable presumption that a child is doli incapax;

    (b) enables youth courts to proceed with a trial notwithstanding that it has committed the accused for trial for another offence or that the accused is charged with another offence;

    (c) makes provision for the use of live television links at preliminary investigations and inquiries; and

    (d) makes further provision with respect to the treatment of offenders by sex offender orders and drug treatment and testing orders.


ISBN 0 11 079825 2


 
© Crown copyright 1998
Prepared 2 December 1998
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