Community Sentence Treatment Requirements (CSTRs)

Increasing the numbers of CSTRs is a Ministerial priority and a priority for both the Ministry of Justice as well as HMPPS.

CSTRs enable courts to sentence adults (18 years +) to a treatment requirement, as part of a Community Order or a Suspended Sentence Order.

CSTRs include Drug Rehabilitation Requirements (DRRs), Alcohol Treatment Requirements (ATRs) and primary/secondary care Mental Health Treatment Requirements (MHTRs).

These requirements seek to provide offenders with the treatment they need to address the underlying causes of their offending behaviour, in the community, where they can also access alternative support.

To be eligible for a CSTR :

  • There needs to be a guilty plea or found guilty post trial.
  • The offence must fall within the Community Order or Suspended Sentence Order range
  • The offender must consent.
  • The CSTR provider agency will also be required to conduct an assessment and agree to arrange for treatment.

Drug Rehabilitation Requirements (DRRs)

  • Under Section 209 of the Criminal Justice Act 2003, a Drug Rehabilitation Requirement (DRR), comprising of structured treatment and regular drug testing, is available to courts as a sentencing option for offences committed on or after 4 April 2005.
  • A DRR can be made as part of a community order (CO) or a suspended sentence order (SSO). The LASPO Act 2012 removed the restriction for a DRR to have a minimum length of 6 months.
  • The court report writer should complete a screening tool and if deemed potentially suitable and if the individual consents, refer to the local substance misuse service for confirmation of suitability and availability of treatment.
  • Under Section 210 of the Criminal Justice Act, the court may provide for the review of any DRR and must do so in the case of requirements lasting twelve months or more. The review should take the form of a written report presented by the Probation Service to the court which includes the results of the offender’s drug tests.

Treatment must be supervised by a suitably qualified or experienced individual. Before making the requirement, the court must be satisfied that:

  • The offender is dependent on or has the propensity to misuse illegal drugs
  • The offender requires and would benefit from treatment
  • Necessary arrangements have been or can be made for treatment
  • The offender expresses his or her willingness to comply with the requirement

Alcohol Treatment Requirements (ATRs)

An Alcohol Treatment Requirement (ATR) can be made as part of a Community Order (CO) or a Suspended Sentence Order (SSO) where:

  • The offender is dependent on alcohol
  • This dependency is such that it requires and may be susceptible to treatment
  • Arrangements have been or can be made for treatment
  • The offender expresses willingness to comply with its requirements

For those offenders who are not dependent but have associated problems, the courts will still be able to make use of either supervision or activity or rehabilitation activity requirements to deliver structured brief advice or more extended brief interventions and programme requirements specifically to address alcohol-related offending behaviour.

Court report writers should use a screening tool to assess suitability for an ATR a score of 20+ on the Alcohol Use

Disorders Identification Test (AUDIT) is an accepted indicator of possible dependence but those scoring 18-19 in AUDIT (the higher scoring range of what was formerly harmful drinking) may also warrant further investigation of their suitability for an ATR.

Mental Health Treatment Requirements (ATRs)

There are 2 types of Mental Health Treatment Requirements available to sentencers where offending is linked to a mental health need – secondary and primary.

Secondary Care Mental Health Treatment Requirements

When the mental condition of the offender is such as requires and may be susceptible to treatment (not a hosp. order) from existing community mental health services and is already known to services.

Primary Care Mental Health Treatment Requirements

Primary care MHTRs offer up to 12 weeks of psychological support for conditions including anxiety and depression.

Some of these new CSTR sites also offer provide services for female offenders only – recognising the specific treatment needs of women in the criminal justice system and to help to reduce the disproportionate number of short-term sentences served by female offenders.

It is also possible for sentencers to combine MHTRs where appropriate with requirements for drug or alcohol treatments

Please note that this CSTR is NOT currently available in every court. Please check your local provision