Part I Amendments Relating to Combination of Orders
Crime and Disorder Act 1998 (1998 c 37) | Legislation

SCHEDULE 6 Drug Treatment and Testing Orders: Amendment of the 1995 Act

Section 94(2)

Part I Amendments Relating to Combination of Orders

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For section 245D there shall be substituted the following section—

“245D Combination of restriction of liberty order with other orders

(1)     Subsection (3) applies where the court—

(a)     intends to make a restriction of liberty order under section 245A(1) of this Act; and

(b)     considers it expedient that the offender should also be subject to a probation order made under section 228(1) of this Act or to a drug treatment and testing order made under section 234B(2) of this Act or to both such orders.

(2)     In deciding whether it is expedient to make a probation order or a drug treatment and testing order by virtue of paragraph (b) of subsection (1) above, the court shall—

(a)     have regard to the circumstances, including the nature of the offence and the character of the offender; and

(b)     obtain a report as to the circumstances and character of the offender.

(3)     Where this subsection applies, the court, notwithstanding sections 228(1), 234B(2) and 245A(1) of this Act, may make

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