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Section 62: Requirements and provisions to be included in 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This provision is repealed
It is retained for historical reference and may not reflect the law currently in force.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REPEALED on 2000-08-25 by 2000 c.6, s.165.

The text below is the provision as originally enacted.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.

A drug treatment and testing order shall include a requirement (“the treatment requirement”) that the offender shall submit, during the whole of the treatment and testing period, to treatment by or under the direction of a specified person having the necessary qualifications or experience (“the treatment provider”) with a view to the reduction or elimination of the offender’s dependency on or propensity to misuse drugs.

The required treatment for any particular period shall be—

treatment as a resident in such institution or place as may be specified in the order; or
treatment as a non-resident in or at such institution or place, and at such intervals, as may be so specified;

but the nature of the treatment shall not be specified in the order except as mentioned in paragraph (a) or (b) above.

A court shall not make a drug treatment and testing order unless it is satisfied that arrangements have been or can be made for the treatment intended to be specified in the order (including arrangements for the reception of the offender where he is to be required to submit to treatment as a resident).

A drug treatment and testing order shall include a requirement (“the testing requirement”) that, for the purpose of ascertaining whether he has any drug in his body during the treatment and testing period, the offender shall provide during that period, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the treatment provider, samples of such description as may be so determined.

The testing requirement shall specify for each month the minimum number of occasions on which samples are to be provided.

A drug treatment and testing order shall include a provision specifying the petty sessions area in which it appears to the court making the order that the offender resides or will reside.

A drug treatment and testing order shall—

provide that, for the treatment and testing period, the offender shall be under the supervision of a responsible officer, that is to say, a probation officer appointed for or assigned to the petty sessions area specified in the order;
require the offender to keep in touch with the responsible officer in accordance with such instructions as he may from time to time be given by that officer, and to notify him of any change of address; and
provide that the results of the tests carried out on the samples provided by the offender in pursuance of the testing requirement shall be communicated to the responsible officer.

Supervision by the responsible officer shall be carried out to such extent only as may be necessary for the purpose of enabling him—

to report on the offender’s progress to the court responsible for the order;
to report to that court any failure by the offender to comply with the requirements of the order; and
to determine whether the circumstances are such that he should apply to that court for the revocation or amendment of the order.

In this section and sections 63 and 64 below, references to the court responsible for a drug treatment and testing order are references to—

the court by which the order is made; or
where another court is specified in the order in accordance with subsection (10) below, that court.

Where the area specified in a drug treatment and testing order made by a magistrates' court is not the area for which the court acts, the court may, if it thinks fit, include in the order provision specifying for the purposes of subsection (9) above a magistrates' court which acts for that area.

About this text

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.