The Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2017
| Jurisdiction | UK Non-devolved |
| Citation | SI 2017/537 |
| Year | 2017 |
2017 No. 537 (L. 7)
Criminal Law, England And Wales
The Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2017
Made 5th April 2017
Laid before Parliament 6th April 2017
Coming into force 1st May 2017
The Secretary of State makes the following Order in exercise of the powers conferred by sections 212A(6) and (7) and 330(3)(b) of the Criminal Justice Act 20031.
Citation and commencement
1. This Order may be cited as the Criminal Justice Act 2003 (Alcohol Abstinence and Monitoring Requirement) (Prescription of Arrangement for Monitoring) Order 2017 and comes into force on 1st May 2017.
Arrangement for monitoring
2.—(1) This article applies for the purposes of section 212A of the Criminal Justice Act 2003 in so far as it is in force by virtue of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting Order 20172.
(2) The arrangement for monitoring which is prescribed by the Secretary of State for the purpose of section 212A(6) of the Criminal Justice Act 2003 is monitoring by a transdermal electronic tag.
Elizabeth Truss
Secretary of State
Ministry of Justice
5th April 2017
EXPLANATORY NOTE
(This note is not part of the Order)
Section 212A of the Criminal Justice Act 2003 (c. 44)enables a court to impose an alcohol abstinence and monitoring requirement as part of a community order or suspended sentence order. That provision has been brought into force for the purposes of a pilot in three local justice areas; Humber, Lincolnshire and North Yorkshire (see S.I. 2017/525). This Order prescribes that the arrangement for the monitoring of an alcohol abstinence and monitoring requirement for the purposes of that pilot will be by means of transdermal electronic tag. This is a tag which measures the level of alcohol contained in a person’s sweat.
A full impact assessment has not been produced for this instrument as no, or no significant, impact on the private, voluntary or public sectors is foreseen.
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