'.The Powers of Criminal Courts Act 1973 shall be amended in Schedule 1A by adding the following paragraph—

1. "7.(1) This paragraph applies where a court proposing to make a probation order or a combination order is satisfied—
1. (a) that the offender is using a Class A drug;
2. (b) that his use caused or contributed to the offence in respect of which the order is proposed to be made; and
3. (c) that his use is such as may be susceptible to treatment.
2. (2) The court shall not form such an opinion as is mentioned in sub-paragraph (1) above unless it has obtained a pre-sentence report and a drugs test.
3. (3) The probation order or combination order shall, subject to sub-paragraph (6) below, include a requirement that the offender shall submit to drug testing and drug abuse treatment by or under the direction of a person having the necessary qualification or experience with a view to the reduction or elimination of the offender's drug use.
4. (4) The testing required by such an order and by subparagraph (2) above shall be by provision of a sample of urine for the purpose of ascertaining whether he has any drugs in his body.
5. (5) The treatment required by any such order shall be such one of the following kinds of treatment as may be specified in the order—
1. (a) treatment as a resident in such institution or place as may be specified in the order;
2. (b) treatment as a non-resident in or at such institution or place as may be so specified: or
3. (c) treatment by or under the direction of such person having the necessary qualifications or experience as may be so specified.
6. (6) A court shall not by virtue of this paragraph include in a probation or combination order a requirement that the offender shall submit to testing or treatment for his drug use unless it considers that such a requirement is appropriate in all the circumstances and it is satisfied that the arrangements have been made for the testing and treatment intended to be specified in the order.
7. (7) The court shall review the offender's progress four weeks after making the order, and thereafter at intervals of not more than four weeks and not more than four months.
8. (8) While the offender is under treatment as a resident in pursuance of a requirement of the probation or combination order, the probation officer responsible for his supervision shall carry out the supervision to such an extent only as may be necessary for the purpose of the revocation or amendment of the order.
9. (9) Where the person by whom or under whose direction an offender is being treated for dependency is of the opinion that part of the treatment can be better or more conveniently given in or at an institution or place which—
   1. (a) is not specified in the order; and
   2. (b) is one in or at which the treatment of the offender will be given by or under the direction of a person having the necessary qualifications or experience.
   he may make arrangements for him to be treated accordingly.
10. (10) Where any such arrangements as are mentioned in subparagraph (9) above are made for the treatment of an offender—
1. (a) the person by whom the arrangements are made shall give notice in writing to the probation officer responsible for the supervision of the offender, specifying the institutions or place in or at which the treatment is to be carried out; and
2. (b) the treatment provided for by the arrangements shall be deemed to be treatment to which he is required to submit in pursuance of the probation or combination order.".'. — [Mr. George Howarth.]