Powers of Criminal Courts (Sentencing) Bill [H.L.] - continued        House of Lords
PART IV, COMMUNITY ORDERS AND REPARATION ORDERS - continued
Drug treatment and testing orders - continued

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Breach, revocation and amendment of drug treatment and testing orders.     56. Schedule 3 to this Act (which makes provision for dealing with failures to comply with the requirements of certain community orders, for revoking such orders with or without the substitution of other sentences and for amending such orders) shall have effect so far as relating to drug treatment and testing orders.
 
Copies of orders.     57. - (1) Where a drug treatment and testing order is made, the court making the order shall (subject to subsection (3) below) forthwith give copies of the order to a probation officer assigned to the court.
 
      (2) Where such an order is amended under section 55(1) above, the court amending the order shall forthwith give copies of the order as amended to a probation officer so assigned.
 
      (3) Where a drug treatment and testing order is made by a magistrates' court and another magistrates' court is responsible for the order (within the meaning given by section 54(7) above) by virtue of being specified in the order in accordance with section 54(8)-
 
 
    (a) the court making the order shall not give copies of it as mentioned in subsection (1) above but shall forthwith send copies of it to the court responsible for the order; and
 
    (b) that court shall, as soon as reasonably practicable after the order is made, give copies of it to a probation officer assigned to that court.
      (4) A probation officer to whom copies of an order are given under this section shall give a copy to-
 
 
    (a) the offender;
 
    (b) the treatment provider; and
 
    (c) the responsible officer.
Drug treatment and testing orders: supplementary.     58. The Secretary of State may by order amend subsection (1) of section 52 above by substituting a different period for the minimum or maximum period for the time being specified in that subsection.
 
 
Orders for persistent petty offenders
Curfew orders and community service orders for persistent petty offenders.     59. - (1) This section applies where-
 
 
    (a) a person aged 16 or over is convicted of an offence;
 
    (b) the court by or before which he is convicted is satisfied that each of the conditions mentioned in subsection (2) below is fulfilled; and
 
    (c) if it were not so satisfied, the court would be minded to impose a fine in respect of the offence.
      (2) The conditions are that-
 
 
    (a) one or more fines imposed on the offender in respect of one or more previous offences have not been paid; and
 
    (b) if a fine were imposed in an amount which was commensurate with the seriousness of the offence, the offender would not have sufficient means to pay it.
      (3) The court may-
 
 
    (a) subject to subsections (5) and (7) below, make a curfew order under section 37(1) above, or
 
    (b) subject to subsections (6) and (7) below, make a community service order under section 46(1) above,
  in respect of the offender instead of imposing a fine.
 
      (4) Subsection (3) above applies notwithstanding anything in subsections (1) and (3)(b) of section 35 above (restrictions on imposing community sentences).
 
      (5) Section 37(1) above (curfew orders) shall apply for the purposes of subsection (3)(a) above as if for the words from the beginning to "make" there were substituted "Where section 59 below applies, the court may make in respect of the offender"; and-
 
 
    (a) section 37(3), (5) to (8) and (10) to (12), and
 
    (b) so far as applicable, the other provisions of this Part relating to curfew orders,
  have effect in relation to a curfew order made by virtue of this section as they have effect in relation to any other curfew order.
 
      (6) Section 46(1) above (community service orders) shall apply for the purposes of subsection (3)(b) above as if for the words from the beginning to "make" there were substituted "Where section 59 below applies, the court may make in respect of the offender"; and-
 
 
    (a) section 46(3) and (4), and
 
    (b) so far as applicable, the following provisions of section 46 and the other provisions of this Part relating to community service orders,
  have effect in relation to a community service order made by virtue of this section as they have effect in relation to any other community service order.
 
      (7) A court shall not make an order by virtue of subsection (3)(a) or (b) above unless the court has been notified by the Secretary of State that arrangements for implementing orders so made are available in the relevant area and the notice has not been withdrawn.
 
      (8) In subsection (7) above "the relevant area" means-
 
 
    (a) in relation to a curfew order, the area in which the place proposed to be specified in the order is situated;
 
    (b) in relation to a community service order, the area proposed to be specified in the order.
 
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