CRIMINAL JUSTICE AND COURT SERVICES ACT 2000 (AMENDMENT) ORDER 2004: EXTENSION OF TRIGGER OFFENCES FOR DRUG

TESTING LICENCE CONDITIONS
PURPOSE
The contents of this circular are primarily of relevance to the nine probation areas where drug testing as a licence condition has been piloted. The purpose of this circular is to inform you that, with effect from 27 July 2004, the eleven trigger offences which can lead to drug testing requirements being included in conditions of release on licence, or specified in a notice of supervision, will be expanded to include a further eight offences.

Probation Circular
REFERENCE NO: 42/2004 ISSUE DATE: 20 July 2004 IMPLEMENTATION DATE: Immediate EXPIRY DATE: May 2009 TO: Chairs of Probation Boards Chief Officers of Probation Secretaries of Probation Boards Lead ACOs – Substance Misuse CC: Board Treasurers Regional Managers DTTO SPOs/Managers AUTHORISED BY: Claire Wiggins, Head of Intensive Interventions Team ATTACHED: Annex A (included in PC Word file)

ACTION
Chief Officers are asked to note the contents of this circular and bring the contents to the attention of all relevant staff.

SUMMARY
Probation Circular 28/2004 explained that the Criminal Justice and Courts Services Act 2000 provides for a drug testing condition to be included in a release licence for eligible offenders. The circular also informed you that, in order for the drug testing condition to be applied, it is necessary for the offender to be serving a sentence for at least one of eleven specified trigger offences. This circular advises that, by virtue of The Criminal Justice and Court Services Act 2000 (Amendment) Order 2004, which comes into force on 27 July 2004, the trigger offences will be expanded to include eight additional offences. All other arrangements for drug testing conditions, and other non-standard licence conditions, remain unchanged.

RELEVANT PREVIOUS PROBATION CIRCULARS
PC83/1999, PC13/2003, PC42/2003 and PC28/2004

CONTACT FOR ENQUIRIES
James Hough 020 7217 5511 Simon Holmes 0207 217 5389

National Probation Directorate
Horseferry House, Dean Ryle Street, London, SW1P 2AW General Enquiries: 020 7217 0659 Fax: 020 7217 0660

Enforcement, rehabilitation and public protection

Background Probation Circular 28/2008 explained the background to the introduction of drug testing and its purpose. The circular identified the nine probation areas to which drug testing is currently limited and set out the criteria that must be met in order for the condition to be requested. This included that the person to be released must be serving a sentence for one or more of the eleven trigger offences (specified in Annex B to that circular). It also explained the authorisation process and the recall arrangements associated with the breach of drug testing conditions. 2. Sections 63 (supervision of young offenders after release) and 64 (release on licence etc: drug testing requirements) of the Criminal Justice and Courts Services Act (CJCSA) 2000 contain provisions to enable the drug testing for specified Class A drugs (heroin and crack/cocaine) of offenders (aged 18 and over) released on licence or Notice of Supervision from a sentence imposed for a trigger offence. Schedule 6 to the CJCSA specifies eleven trigger offences that can lead to the imposition of drug testing conditions. The Criminal Justice and Court Services Act 2000 (Amendment) Order 2004 3. Section 70(2) of the CJCSA provides for Schedule 6 to be amended by Order of the Secretary of State, so as to add any description of offence. Such orders are subject to Parliamentary approval. The range of trigger offences specified in Schedule 6 is now being extended to include eight additional offences, namely: • • handling stolen goods - (section 22 of the Theft Act 1968 ) attempts of the relevant acquisitive trigger offences - the Order makes an offence under section 1(1) of the Criminal Attempts Act 1981 a trigger offence if committed in respect of the following offences under the Theft Act 1968 section 1 (theft) section 8 ( robbery), section 9 (burglary), section 15 (obtaining property by deception) and section 22 (handling stolen goods) begging (section 3 of the Vagrancy Act 1824). Persistent begging is also included as an offence under section 4 of The Vagrancy Act 1824 (which is consistent with its inclusion as a recordable offence in the National Police Records (Recordable Offences) Regulations 2000.)

4. The addition of these trigger offences has been approved by both Houses of Parliament and will come into effect on 27 July, by virtue of The CJCSA (Amendment) Order 2004. The Annex below sets out the trigger offences as they will apply from 27 July 2004. These will be applicable pending the implementation of changes introduced by the Criminal Justice Act 2003 in respect of drug testing requirements in release on licence (further guidance will follow on this). 5. All the other procedures in relation to requests for drug testing conditions, as set out in PC28/2004, remain unaffected.

PC40/2004 - Criminal Justice and Court Services Act 2000 (Amendment) Order 2004: Extension of Trigger Offences for Drug Testing Licence Conditions

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ANNEX A - TRIGGER OFFENCES FOR DRUG TESTING WITH EFFECT FROM 27 JULY 2004 Offences under the following provisions of the Theft Act 1968: Section 1 Section 8 Section 9 Section 10 Section 12 Section 12A Section 15 Section 22 Section 25 (theft) (robbery) (burglary) (aggravated burglary) (taking a motor vehicle or other conveyance without authority) (aggravated vehicle taking) (obtaining property by deception) (handling stolen goods)* (going equipped for stealing etc)

Offences under the following provisions of the Misuse of Drugs Act 1971 are trigger offences if committed in respect of a specified Class A drug: Section 4 Section 5(2) Section 5(3) (restriction on production and supply of controlled drugs) (possession of a controlled drug) (possession of controlled drug with intent to supply)

An offence under section 1(1) of the Criminal Attempts Act 1981 is a trigger offence, if committed in respect of an offence under any of the following provisions of the Theft Act 1968*: Section 1 Section 8 Section 9 Section 15 Section 22 (theft) (robbery) (burglary) (obtaining property by deception) (handling stolen goods)

Offences under the following provisions of the Vagrancy Act 1824: Section 3 Section 4
*

(begging)* (persistent begging)*

Trigger offences added by the Criminal Justice and Court Services Act 2000 (Amendment) Order 2004, which comes into force on 27 July 2004. PC40/2004 - Criminal Justice and Court Services Act 2000 (Amendment) Order 2004: Extension of Trigger Offences for Drug Testing Licence Conditions

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