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(a) section 47 (drug abstinence orders);

(b) section 48 (pre-sentence drug testing);

(c) section 49 (community sentences: drug abstinence requirements);

(d) section 50 (community sentences: curfew requirements);

(e) section 52 (community sentences: electronic monitoring of requirements), except in so far as it relates to exclusion orders and exclusion requirements;

(f) section 57 (testing persons in police detention) within the following police areas[2] only:


(i) Nottinghamshire;

(ii) Staffordshire;

(iii) the metropolitan police district;



(g) section 58 (right to bail: relevance of drug misuse);

(h) section 63 (supervision of young offenders after release), in so far as it inserts the following provisions into section 65 of the Criminal Justice Act 1991[3]:



(i) subsection (5A)(c);

(ii) subsection (5B);

(iii) subsection (5C) in so far as it applies to subsection (5A)(c);

(iv) subsection (5D);

(v) subsection (9);

(vi) subsection (10);



(i) section 64 (release on licence etc: drug testing requirements);

(j) section 70 (interpretation etc.);

(k) section 74 in so far as it relates to the provisions of Schedule 7 commenced by sub-paragraph (m) below;

(l) Schedule 6 (trigger offences);

(m) in Schedule 7 (minor and consequential amendments) - 



(i) paragraph 78;

(ii) paragraph 105;

(iii) paragraph 161(b);

(iv) paragraphs 162 and 163;

(v) paragraph 164, except for the reference in sub-paragraph (b) to paragraphs 2A(4) and (5) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000[4];

(vi) paragraph 196, except for the references to sections 40A(6), 40C(1) and 40(C)(2) of, paragraph 8 of Schedule 2 to, and paragraph 1(1A) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000;

(vii) in paragraph 197, sub-paragraph (f) in so far as it relates to drug abstinence orders and sub-paragraph (g)(ii);

(viii) in paragraph 199, sub-paragraph (2)(a) in so far as it relates to drug abstinence orders, sub-paragraphs (2)(b) and (5) in so far as they relate to drug abstinence, sub-paragraph (2)(c), sub-paragraph (6), sub-paragraph (11)(b)(i), sub-paragraph (13), sub-paragraph (21)(b) in so far as it inserts paragraph (aa) into paragraph 19(2) of Schedule 3 to the Powers of Criminal Courts (Sentencing) Act 2000, sub-paragraph (21)(c), sub-paragraph (21)(d) in so far as it inserts paragraph 19(6) into Schedule 3 of the Powers of the Criminal Courts (Sentencing) Act 2000; sub-paragraph (24) and sub-paragraph (25)(a);

(ix) in paragraph 201, sub-paragraphs (1) and (2)(a);

(x) in paragraph 202, sub-paragraph (1) and (2)(a); and



(n) in Schedule 8 (repeals), the entries relating to sections 38 and 40(1)(a) of the Powers of Criminal Courts (Sentencing) Act 2000.

     3. This Order extends to England and Wales only.


Keith Bradley
Minister of State

Home Office
19th June 2001

[2] The term "police area" has the meaning ascribed to it in section 1 of the Police Act 1996 (c. 16), by virtue of Schedule 1 to the Interpretation Act 1978 (c. 30).back

[3] 1991 c. 53.back

[4] 2000 c. 6.back

 © Crown copyright 2001