Police Reform and Social Responsibility Bill — Report — alcohol monitoring requirements for Youth Rehabilitiation Orders — 14 Jul 2011 at 15:25

Amendment 306ZC

Moved by Baroness Finlay of Llandaff

306ZC: After Clause 142, insert the following new Clause-

"Youth rehabilitation orders: alcohol monitoring requirement

(1) In Schedule 1 to the Criminal Justice and Immigration Act 2008, after paragraph 24 insert-

"24A Alcohol monitoring requirement

(1) In this Part "alcohol monitoring requirement", in relation to a youth rehabilitation order, means a requirement that during a period specified in the order, the offender must-

(a) not consume alcohol,

(b) for the purpose of ascertaining whether there is alcohol in the offender's body, provide samples of such description as may be determined, at such times or in such circumstances as may (subject to the provisions of the order) be determined by the responsible officer or by the person specified as the person to whom the samples are to be provided, and

(c) pay such amount in respect of the costs of taking and analysing the sample as may be specified in the order.

(2) A court may not impose an alcohol monitoring requirement unless-

(a) it is satisfied that-

(i) the offender has a propensity to misuse alcohol and expresses willingness to comply with the alcohol monitoring requirement, or

(ii) the misuse by the offender of alcohol caused or contributed to the offence in question, and

(b) the court has been notified by the Secretary of State that arrangements for implementing the requirement are available in the local justice area proposed to be specified in the order.

(3) A youth rehabilitation order imposing an alcohol monitoring requirement must provide that the results of any tests carried out on any samples provided by the offender to the monitoring officer in pursuance of the requirement are to be communicated to the responsible officer.

(4) Where the offender has not attained the age of 17, the order must provide for the samples to be provided in the presence of an appropriate adult.

(5) The Secretary of State may from time to time give guidance about the exercise of the function of making determinations as to the provision of samples pursuant to sub-paragraph (1)(b).

(6) The Secretary of State make rules for all or any of the following purposes-

(a) regulating the provision of samples pursuant to an alcohol monitoring requirement, including hours of attendance, interval between samples and the keeping of attendance records;

(b) regulating the provision and carrying on of a facility for the testing of samples;

(c) determining the maximum and minimum fee that may be specified under sub-paragraph (1)(c), and the frequency of such payments;

(d) regulating the functions of the monitoring officer; and

(e) making such supplemental, incidental, consequential and transitional provision as the Secretary of State considers necessary or expedient.

(7) In this paragraph-

"appropriate adult" means-

(a) the offender's parent or guardian or, if the offender is in the care of a local authority or voluntary organisation, a person representing that authority or organisation;

(b) a social worker of the local authority; or

(c) if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police;

"monitoring officer" means any person, other than the responsible officer, specified in an alcohol monitoring requirement as the person to whom samples must be provided."

(2) Schedule (Youth rehabilitation orders: alcohol monitoring requirement) makes further amendments to the Criminal Justice and Immigration Act 2008.""

Debate in Parliament | Source |