Section 63: Periodic reviews, Crime and Disorder Act 1998

A drug treatment and testing order shall—

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

provide for each review of the order to be made, subject to subsection (7) below, at a hearing held for the purpose by the court responsible for the order (a “review hearing”);

require the offender to attend each review hearing;

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

provide for each such report to include the test results communicated to the responsible officer under section 62(7)(c) above and the views of the treatment provider as to the treatment and testing of the offender.

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

The court—

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

shall not amend any provision of the order so as to reduce the treatment and testing period below the minimum specified in section 61(2) above, or to increase it above the maximum so specified; and

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.

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—

revoke the order; and

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.

In dealing with the offender under subsection (4)(b) above, the court—

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

may impose a custodial sentence notwithstanding anything in section 1(2) of the 1991 Act.

Where the order was made by a magistrates' court in the case of an offender under the age of 18 years in respect of an offence triable only on indictment in the case of an adult, the court’s power under subsection (4)(b) above shall be a power to do either or both of the following, namely—

to impose a fine not exceeding £5,000 for the offence in respect of which the order was made;

to deal with the offender for that offence in any way in which it could deal with him if it had just convicted him of an offence punishable with imprisonment for a term not exceeding six months;

and the reference in paragraph (b) above to an offence punishable with imprisonment shall be construed without regard to any prohibition or restriction imposed by or under any enactment on the imprisonment of young offenders.

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.

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.

At that hearing the court, after considering that report, may—

exercise the powers conferred by this section as if the hearing were a review hearing; and

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

In this section any reference to the court, in relation to a review without a hearing, shall be construed—

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

in the case of a magistrates' court, as a reference to a justice of the peace acting for the commission area for which the court acts.

Section 63: Periodic reviews

Discussed in

About this text