The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting Order 2014

Made: 7th July 2014

The Secretary of State makes the following Order in exercise of the powers conferred by section 77(1), (4) and (8) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012[^f00001].

Citation and interpretation

1

• (1) This Order may be cited as the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting Order 2014.

• (2) In this Order—

• (a) “the Act” means the Legal Aid, Sentencing and Punishment of Offenders Act 2012; and

• (b) “alcohol abstinence and monitoring requirement” has the same meaning as in Part 12 of the Criminal Justice Act 2003[^f00002].

Coming into force of section 76 of the Act

2

Subject to articles 3 and 4(1), section 76 of the Act (alcohol abstinence and monitoring requirement) comes into force on 31st July 2014 for all purposes other than application by the Armed Forces Act 2006[^f00003].

Area in relation to which section 76 of the Act is in force

3

Section 76 of the Act comes into force only in relation to the South London local justice area[^f00004].

Period for which section 76 of the Act is in force

4

• (1) Subject to paragraph (2), section 76 of the Act, in so far as it is brought into force by article 2, ceases to have effect at the end of 31st March 2016.

• (2) Paragraph (1) does not affect the continued application after that date of an alcohol abstinence and monitoring requirement imposed by a court during the period mentioned in that paragraph.

Signed

Signed by the authority of the Secretary of State

Jeremy Wright — Parliamentary Under Secretary of State — Ministry of Justice — 7th July 2014

Explanatory note

(This note is not part of the Order)

EXPLANATORY NOTE

This Order brings into force section 76 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012 (c. 10), for a period of 12 months commencing on 31st July 2014, but only in relation to the South London local justice area. Among other things, section 76 inserts section 212A of the Criminal Justice Act 2003 (c. 44), which gives a court a power to impose an alcohol abstinence and monitoring requirement as part of a community order or suspended sentence order. Article 4(2) provides that any requirement imposed before section 76 ceases to be in force may continue to have effect after that time.

A full regulatory impact assessment has not been produced for this instrument as no impact on the private or voluntary sector is foreseen.

Footnotes

[^f00001]: 2012 c.10.

[^f00002]: 2003 c.44. Section 212A was inserted by section 76 of the Legal Aid, Sentencing and Punishment of Offenders Act 2012.

[^f00003]: 2006 c.52.

[^f00004]: England and Wales are divided into areas known as local justice areas as required by section 8 of the Courts Act 2003 (c.39). These were established by the Local Justice Areas Order 2005 (S.I. 2005/554) (“the 2005 Order”). This was altered by the Local Justice Areas Order 2011 (S.I. 2011/1168) which created the new local justice area of South London from 1st January 2012 (see Table 1 of article 3). Whilst the 2005 order has been subsequently amended, the amendments are not relevant for the purposes of this Order.

Editorial notes

[^key-4ba6d9c16fd75b14938ab7eff58c9e3a]: Art. 1 in force at made date

[^key-25998ecb691e29fb6f8fdb9241014e43]: Art. 2 in force at made date

[^key-97924eec374c28bd2170203c741bd40f]: Art. 3 in force at made date

[^key-e101696afbbd1f8703ff1f6ea169e10b]: Art. 4 in force at made date

[^key-31c5f2c003a3a3e69871ebec24c9f8aa]: Words in art. 4(1) substituted (30.1.2016) by The Legal Aid, Sentencing and Punishment of Offenders Act 2012 (Alcohol Abstinence and Monitoring Requirements) Piloting (Amendment) Order 2016 (S.I. 2016/1), arts. 1, 2