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Section 61: Drug treatment and testing orders

Crime and Disorder Act 1998 · 1998 c. 37View on legislation.gov.uk

This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.

Part IV: Dealing with offenders — Chapter I: England and Wales

REPEALED on 2000-08-25 by 2000 c.6, s.165.

The text below is the provision as originally enacted. It is historical and may not include amendments made before this status change. View the enacted source.

This section applies where a person aged 16 or over is convicted of an offence other than one for which the sentence—

is fixed by law; or
falls to be imposed under section 2(2), 3(2) or 4(2) of the 1997 Act.

Subject to the provisions of this section, the court by or before which the offender is convicted may make an order (a “drug treatment and testing order”) which—

has 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
includes the requirements and provisions mentioned in section 62 below.

A court shall not make a drug treatment and testing order unless it has been notified by the Secretary of State that arrangements for implementing such orders are available in the area proposed to be specified in the order and the notice has not been withdrawn.

A drug treatment and testing order shall be a community order for the purposes of Part I of the 1991 Act; and the provisions of that Part, which include provisions with respect to restrictions on imposing, and procedural requirements for, community sentences (sections 6 and 7), shall apply accordingly.

The court shall not make a drug treatment and testing order in respect of the offender unless it is satisfied—

that he is dependent on or has a propensity to misuse drugs; and
that his dependency or propensity is such as requires and may be susceptible to treatment.

For the purpose of ascertaining for the purposes of subsection (5) 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; but the court shall not make such an order unless the offender expresses his willingness to comply with its requirements.

The Secretary of State may by order amend subsection (2) above by substituting a different period for the minimum or maximum period for the time being specified in that subsection.

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This legislation text comes from legislation.gov.uk. Contains public sector information licensed under the Open Government Licence v3.0. These source and reuse terms cover the legislation text, not Remedy's commentary.

Reuse reviewed 21 August 2026 under Open Government Licence v3.0.