A new sentencing option has been made available in both the Magistrates’ and Crown Courts in the form of an Alcohol Abstinence and Monitoring Requirement (‘AAMR’).
Helen Holder of Kangs Solicitors explains the nature of an AAMR.
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What is an AAMR? | Kangs Criminal Defence Team
An AAMR is a new sentencing option which, upon sentencing, can be attached by the court to a Community Order or Suspended Sentence Order and may require an offender:
- to abstain from consuming alcohol during the specified period; or
- not to consume alcohol to the extent that, at any time, there is more than a specified level of alcohol in the offender’s body.
The maximum period for which an AAMR may be ordered is one hundred and twenty days and the offender must submit to monitoring.
When Can An AAMR Be Made? | Kangs Magistrates’ & Crown Court Solicitors
An Order may be made where:
- the consumption of alcohol by the offender is an element of the offence or the court is satisfied that the consumption of alcohol by the offender was a factor that contributed to the commission of the offence or an associated offence,
- the offender is not dependent on alcohol,
- the court does not include an alcohol treatment requirement in the Order and
- monitoring is available in the local justice area.
It is anticipated that an assessment will be carried out by the Probation Service to ensure that the conditions can be met.
How does an AAMR Work? | Kangs AAMR Advisory Solicitors
An offender upon whom an AAMR is imposed will be required to wear a ‘sobriety tag’ similar in nature to a curfew tag device.
This tag will monitor alcohol content within the offender’s sweat every half an hour and the data will be fed to a database monitored by the Probation Service.
A sobriety tag is sufficiently accurate to distinguish between alcohol consumed and the use of any substance used which contains alcohol, such as hand sanitiser, and to detect when contact with the skin is broken or blocked.
What happens if the Order is breached? | Kangs Crime Defence Solicitors
If the AAMR is breached:
- the offender can be taken to court and sentenced for the breach;
- the AAMR could be revoked and the offender re-sentenced for the original offence which could lead to a more restrictive requirement or even a custodial sentence.
Who Can I Contact For Help? | Kangs National Criminal Defence Solicitors
As an AAMR represents an alternative to an offender which is more favourable than a custodial sentence a full understanding of the nature of and implementation of such an Order is essential when representing clients at Sentencing Hearings.
The defence Team at Kangs Solicitors offers any client convicted of a criminal offence detailed knowledge of all forms of defence mitigation which may be available.
Our expert criminal defence team is here to assist you and is available 24/7 on telephone number 07989 521 210.
We welcome enquiries by telephone or email.
We provide an initial no obligation consultation from our offices in London, Birmingham and Manchester.
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