New legislation comes into force today that provides courts with another sentencing option for dealing with offenders who commit crimes under the influence of alcohol.
Section 212A of the Criminal Justice Act 2003, as amended by section 76(1) of the Legal Aid, Sentencing and Punishment of Offenders Act 2012, permits the court to impose an alcohol abstinence and monitoring requirement as part of a community or suspended sentence order.
Orders can be imposed for up to 120 days when a person is convicted of an offence:
- where the consumption of alcohol was an element of the offence; or
- where the consumption of alcohol was a factor in the commission of the offence.
The order can require an offender's total abstinence from alcohol, or it may specify the maximum amount of alcohol permitted within their body.
Compliance with the order can be monitored electronically, but it does not have to be.
An order can only be imposed if:
- the court is satisfied that the offender is not alcohol dependent; and
- the court does not include an alcohol treatment requirement in the order; and
- the court has been notified by the Secretary of State (at the Ministry of Justice) that appropriate monitoring arrangements are in place in that local justice area.
Following two successful pilots, the Ministry of Justice has decided to roll out so-called "sobriety" electronic tags across the whole of England and Wales.
The tags, which are fitted to an offender's ankle, perform around-the-clock monitoring of their sweat to determine whether alcohol has been consumed. They can distinguish between alcohol-based products, such as hand sanitiser, that could be used to mask alcohol consumption and can detect when contact between the skin and the tag has been blocked.
If the tag detects excess alcohol in the offender's body they can be returned to court for further sanctions.
A report into one of the pilots, which took place in the area served by Humberside, Lincolnshire and North Yorkshire Community Rehabilitation Company (HLNY CRC), showed that 81 percent of tagged offenders thought the process would reduce or remove their alcohol intake after the tag was removed.
Wearers and probation staff reported that tagging had a positive impact on offenders' relationships and employability. Probation staff described offenders' home environments as becoming more 'calm', 'stable' and 'harmonious', as much of the previous tension, and sometimes violence, had stemmed from the wearers' drinking. The calming effect was particularly noteworthy in households that had previously experienced domestic violence.
Crime, Policing and Justice Minister Kit Malthouse MP said: "Alcohol-fuelled crime blights communities and puts an unnecessary strain on our frontline services.
"Smart technologies like sobriety tags not only punish offenders but can help turn their lives around.
"While prison will always be the right place for many criminals, tough community sentences like this can help cut reoffending and protect the public."
The Crime Survey of England and Wales estimated 39% of violent crime committed in the year ending March 2018 involved an offender under the influence of alcohol. According to Public Health England the social and economic cost of alcohol-related harm was £21.5 billion in 2018.
An offender who wore one of the tags in the HLNY CRC pilot scheme said: "Since I had the tag removed I feel 100% in control of my drinking. I was worried to begin with that when I had the tag taken off I might go back to drinking again but the process gave me a better understanding of alcohol. I also didn't want to go back to court.
"I no longer need a drink to manage my emotions which is down to the tag and my probation officer - I'm much happier with my life now and pleased that more people can benefit from my experience of wearing the tags."
The new tags should be a sentencing option across the whole of England and Wales by mid-2021.
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