Crime and Courts Bill (HC Bill 137)

(a) the reference to section 15 is to be treated as a reference to section 25
of the consolidation Act;

(b) paragraph (a) is to be treated as if it provided as follows—

“(a) in subsection (1)—

(i) 5the words “other premises or place” (in both
places) are to be treated as if they referred to a
police station;

(ii) the reference in paragraph (a) to other
premises is to be treated as a reference to a
10police station;

(iii) paragraph (b) does not apply;

(iv) the references in paragraph (c)(i) and (iii) to
the right under subsection (1)(b) are to be
treated as references to the right under section
1525(1) to have someone informed when
detained;

(v) the references in paragraph (c)(ii) to
subsection (1)(b) is to be treated as a reference
to section 25(1);

(vi) 20the reference in paragraph (c)(iii) to
subsection (2) is to be treated as a reference to
the words in section 25(1) beginning “and the
person shall be informed”;

(vii) the reference to subsection (4) is to be treated
25as a reference to section 25(2).”.

(8) In subsection (9)—

(a) the reference to section 15A is to be treated as a reference to section
25A;

(b) paragraph (a) is to be treated as if it provided as follows—

“(a) 30the words “other premises or place” in subsections (2)
and (6) are to be treated as referring to a police
station;”;

(c) in paragraph (b)(iii) the reference to section 15A(2) and (3) is to be
treated as a reference to section 25A(2) and (3).

35Part 3 Scotland

Criminal Law (Consolidation) (Scotland) Act 1995

44 The Criminal Law (Consolidation) (Scotland) Act 1995 is amended as
follows.

45 (1) 40Section 24 (detention and questioning at office of Revenue and Customs) is
amended in accordance with this paragraph.

(2) In the title of the section, for “at office of Revenue and Customs” substitute
“: Revenue and Customs, immigration and nationality offences”.

(3) In subsection (5)—

(a) 45in paragraph (a)—

(i) after “Customs” insert “(in a case falling within subsection
(A1)(a)) or police station (in a case falling within subsection
(A1)(b))”;

(ii) after “premises” insert “(in either of those cases)”;

(b) 5in paragraph (d)—

(i) after “subsection (1)” insert “or (1A)”;

(ii) after “Customs” insert “(in a case falling within subsection
(A1)(a)) or police station (in a case falling within subsection
(A1)(b))”;

(iii) 10after “premises” insert “(in either of those cases)”.

46 In section 25 (right to have someone informed when detained), in subsection
(1)—

(a) in the words before paragraph (a)—

(i) after “Customs” (in the first place) insert “(in a case falling
15within subsection (A1)(a)) or police station (in a case falling
within subsection (A1)(b))”;

(ii) after “place” (in the first place) insert “(in either of those
cases)”;

(iii) after “Customs” (in the second place) insert “, police station”;

(b) 20in paragraph (a), after “Customs” insert “, police station”.

47 (1) Section 25A (right of suspects to have access to a solicitor) is amended in
accordance with this paragraph.

(2) In subsection (1)—

(a) in paragraph (b)—

(i) 25for “an officer” substitute “an officer of Revenue and
Customs”;

(ii) omit the final “or”;

(b) in paragraph (c), for “an officer” (in each place) substitute “an officer
of Revenue and Customs”;

(c) 30after paragraph (c) insert—

“(d) attends voluntarily at a police station or any other
premises or place for the purpose of being questioned
by an immigration officer on suspicion of having
committed an immigration offence or nationality
35offence; or

(e) is arrested (but not charged) by an immigration
officer in connection with an immigration offence or
nationality offence and is being detained at a police
station or any other premises or place for the purpose
40of being questioned by an immigration officer in
connection with the offence.”.

(3) In subsection (2)(b), after “Customs” insert “, police station”.

(4) In subsection (6)(a), after “Customs” insert “, police station”.

48 In section 26B (interpretation of Part 3 etc)—

(a) 45in subsection (1), for the definition of “officer” substitute—

• ““officer” means—

  (a)

  for the purposes of sections 24 to 25A—

  Crime and Courts BillPage 332

  (i)

  an officer of Revenue and Customs (in
  relation to detention by, attendance for
  the purpose of being questioned by, or
  arrest by, such an officer), or

  (ii)

  5an immigration officer (in relation to
  detention by, attendance for the
  purpose of being questioned by, or
  arrest by, such an officer); and

  (b)

  for the purposes of the other provisions of this
  10Part of this Act, an officer of Revenue and
  Customs.”;

(b) in subsection (2), for the words from “this Act” to “had authority”
substitute “this Act—

(a) a certificate of the Commissioners for Her Majesty’s
15Revenue and Customs that an officer of Revenue of
Customs, or

(b) a certificate of the Secretary of State that an
immigration officer,

had authority”.

49 (1) 20The amendments made by section 40(13), and paragraph 45 of this Schedule,
do not affect section 24 of the 1995 Act as it applies by virtue of section 26(8)
of that Act in respect of a person detained under section 26 of that Act
(detention in connection with certain drug smuggling offences).

(2) The amendments made by paragraph 46 of this Schedule do not affect
25section 25(1) of the 1995 Act as it applies by virtue of section 26(9) of that Act
in respect of a person detained under section 26 of that Act (detention in
connection with certain drug smuggling offences).

Consequential amendments relating to legal aid in Scotland

50 (1) In section 8A of the Legal Aid (Scotland) Act 1986 (power to provide for
30criminal advice and assistance to be available for certain clients without
reference to the financial limits), in subsection (2)(b), after “offences” insert
“or immigration or nationality offences”.

(2) In regulation 8 of the Advice and Assistance and Civil Legal Aid (Financial
Conditions and Contributions) (Scotland) Regulations 2011 (criminal advice
35and assistance: automatic availability in certain circumstances), in
paragraph (b), after “offences” insert “or immigration or nationality
offences”.

(3) The amendment of regulation 8 by sub-paragraph (2) above does not
prevent the provision made by that amendment from being amended or
40revoked by exercise of the power conferred by section 8A of the Legal Aid
(Scotland) Act 1986 or any other power.

(4) Regulation 3(1)(b) of the Criminal Legal Assistance (Duty Solicitors)
(Scotland) Regulations 2011 (duty solicitors: advice for suspects) applies in
relation to a person to whom section 25A of the 1995 Act applies by virtue of
45its amendment by paragraph 46 of this Schedule; and, accordingly, in
regulation 3(1)(b), after “customs” insert “, immigration and nationality”.

(5) But regulation 3(1)(b) does not have effect in relation to such a person in a
case where—

(a) the person is detained under section 24 of the 1995 Act, and the
period of detention began before the time at which paragraph 46 of
this Schedule comes into force;

(b) the person attends as mentioned in section 25A(1)(d) of the 1995 Act,
5and the period of attendance began before that time; or

(c) the person is arrested and detained as mentioned in section 25A(1)(e)
of that Act, and the arrest occurred before that time.

(6) Sub-paragraph (4) does not affect the application of regulation 3(1)(b) in
relation to a person to whom section 25A of the 1995 Act applies otherwise
10than by virtue of its amendment by paragraph 47 of this Schedule.

(7) Sub-paragraphs (4) to (6) do not prevent regulation 3(1)(b) from being
amended or revoked by exercise of any power conferred by the Legal Aid
(Scotland) Act 1986 or any other power.

(8) In this paragraph “1995 Act” means the Criminal Law (Consolidation)
15(Scotland) Act 1995.

Section 41

SCHEDULE 21 Drugs and driving: minor and consequential amendments

Road Traffic Act 1988 (c. 52)Road Traffic Act 1988 (c. 52)

1 The Road Traffic Act 1988 is amended as follows.

2 (1) 20Section 3A (causing death by careless driving when under influence of drink
or drugs) is amended as follows.

(2) In subsection (1), after paragraph (b) insert—

“(ba) he has in his body a specified controlled drug and the
proportion of it in his blood or urine at that time exceeds the
25specified limit for that drug, or”.

(3) In subsection (3), after “(1)(b)” insert “, (ba)”.

3 (1) Section 6C (preliminary drug test) is amended as follows.

(2) In subsection (1)(b), for “in his body.” substitute “in his body and if so—

(i) whether it is a specified controlled drug;

(ii) 30if it is, whether the proportion of it in the person’s
blood or urine is likely to exceed the specified limit for
that drug.”

(3) After subsection (2) insert—

“(3) Up to three preliminary drug tests may be administered.”

4 35In section 6D (arrest), in subsection (1), for the words after “preliminary
breath test” substitute “or preliminary drug test the constable reasonably
suspects that—

“(a) the proportion of alcohol in the person’s breath or blood
exceeds the prescribed limit, or

(b) the person has a specified controlled drug in his body and the
proportion of it in the person’s blood or urine exceeds the
specified limit for that drug.”

5 (1) Section 7 (provision of specimens for analysis) is amended as follows.

(2) 5After subsection (1) insert—

“(1A) In the course of an investigation into whether a person has
committed an offence under section 5A of this Act a constable may,
subject to subsections (3) to (7) of this section and section 9 of this
Act, require the person to provide a specimen of blood or urine for a
10laboratory test.”

(3) In subsection (3)(c), for “or 4” substitute “, 4 or 5A”.

6 (1) Section 10 (detention of persons affected by alcohol or a drug) is amended as
follows.

(2) In subsection (1), for “or 5” substitute “, 5 or 5A”.

(3) 15In subsection (2), for the words from “whilst his ability” to the end substitute
“whilst—

“(a) the person’s ability to drive properly is impaired,

(b) the proportion of alcohol in the person’s breath, blood or
urine exceeds the prescribed limit, or

(c) 20the proportion of a specified controlled drug in the person’s
blood or urine exceeds the specified limit for that drug.”

7 In section 192 (general interpretation of Act), in the definition of
“prescribed” in subsection (1), before “means” insert “(except in section
5A)”.

8 25The amendments in paragraphs 3 to 6 do not affect the application of
sections 83 and 96 of the Railways and Transport Safety Act 2003.

Road Traffic Offenders Act 1988 (c. 53)Road Traffic Offenders Act 1988 (c. 53)

9 The Road Traffic Offenders Act 1988 is amended as follows.

10 (1) Section 15 (use of specimens in proceedings for an offence under section 3A,
304 or 5 of the Road Traffic Act) is amended as follows.

(2) In the sidenote, for “section 4 or 5” substitute “any of sections 3A to 5A”.

(3) In subsection (1), for “section 3A, 4 or 5” substitute “any of sections 3A to
5A”.

(4) In subsection (2), for the words from “and, subject to” to the end substitute
35“and—

“(a) it is to be assumed, subject to subsection (3) below, that the
proportion of alcohol in the accused’s breath, blood or urine
at the time of the alleged offence was not less than in the
specimen;

(b) 40it is to be assumed, subject to subsection (3A) below, that the
proportion of a drug in the accused’s blood or urine at the
time of the alleged offence was not less than in the specimen.”

(5) In subsection (3), for “That assumption” substitute “The assumption in
subsection (2)(a) above”.

(6) After subsection (3) insert—

“(3A) The assumption in subsection (2)(b) above is not to be made if the
5accused proves—

(a) that he took the drug before he provided the specimen or had
the specimen taken from him and—

(i) in relation to an offence under section 3A, after the
time of the alleged offence, and

(ii) 10otherwise, after he had ceased to drive, attempt to
drive or be in charge of a vehicle on a road or other
public place, and

(b) that had he not done so the proportion of the drug in his
blood or urine—

(i) 15in the case of a specified controlled drug, would not
have exceeded the specified limit for that drug, and

(ii) if it is alleged that he was unfit to drive through
drugs, would not have been such as to impair his
ability to drive properly.”

11 (1) 20Section 24 (alternative verdicts: general) is amended as follows.

(2) In the table in subsection (1), after the entry relating to section 5(1)(a) of the
Road Traffic Act 1988 insert—

(3) In subsection (3), for “or 5(1)(a)” substitute “, 5(1)(a) or 5A(1)(a) and (2)”.

12 In section 34 (disqualification for certain offences), in subsection (3), after
30paragraph (b) insert—

“(ba) section 5A(1)(a) and (2) (driving or attempting to drive with
concentration of specified controlled drug above specified
limit),”.

13 In Schedule 1 (offences to which sections 1, 6, 11 and 12(1) apply), in the
35table, after the entry beginning “RTA section 5” insert—

14 The amendments in paragraph 10 do not affect the application of sections 83
and 96 of the Railways and Transport Safety Act 2003.

45Football Spectators Act 1989 (c. 37)Football Spectators Act 1989 (c. 37)

15 In Schedule 1 to the Football Spectators Act 1989 (relevant offences for
purposes of making banning order), in paragraph 1(l)—

(a) for “or 5” substitute “, 5 or 5A”;

(b) after “limit” insert “or with a concentration of a specified controlled
50drug above the specified limit”.

Crime (International Co-operation) Act 2003 (c. 32)2003 (c. 32)

16 In Schedule 3 to the Crime (International Co-operation) Act 2003 (offences
notifiable to authority of member State where offender normally resident),
in Part 1 (offences where no minimum period of disqualification necessary),
55after paragraph (f) of paragraph 3 insert—

“(fa) section 5A (driving, or being in charge, of a motor vehicle
with concentration of specified controlled drug above
specified limit),”.

Armed Forces Act 2006 (c. 52)Armed Forces Act 2006 (c. 52)

17 60In Schedule 1 to the Armed Forces Act 2006 (criminal conduct offences that
may be dealt with at a summary hearing), in Part 1 (offences that may be
dealt with without permission), after paragraph 9 insert—

“9A An offence under section 5A of that Act (driving a vehicle with
concentration of specified controlled drug above specified limit).”

Section 43

65SCHEDULE 22 Super-affirmative procedure

Prior consultation

1 If the Secretary of State is proposing to make an order under section 2, the
Secretary of State must consult those persons whom the Secretary of State
70considers would be affected by the proposed order.

Draft order

2 (1) If, after such a consultation, the Secretary of State considers it appropriate to
proceed with the making of the order, the Secretary of State must lay before
Parliament—

(a) 75a draft order, and

(b) a document which explains the order.

(2) The Secretary of State may not act under this paragraph before the end of the
period of twelve weeks beginning with the day on which the consultation
began.

Draft order approved

3 (1) The Secretary of State may make an order in the terms of the draft order laid
under paragraph 2 if, after the expiry of the 40-day period, the draft order is
approved by a resolution of each House of Parliament.

(2) 5But the procedure in paragraph 4 is to apply to the draft order instead of the
procedure in this paragraph if—

(a) either House of Parliament so resolves within the 30-day period, or

(b) a committee of either House charged with reporting on the draft
order so recommends within the 30-day period and the House to
10which the recommendation is made does not by resolution reject the
recommendation within that period.

Scrutiny extended

4 (1) The Secretary of State must have regard to—

(a) any representations,

(b) 15any resolution of either House of Parliament, and

(c) any recommendations of a committee of either House of Parliament
charged with reporting on the draft order,

made during the 60-day period with regard to the draft order.

(2) If after the expiry of the 60-day period the draft order is approved by a
20resolution of each House of Parliament, the Secretary of State may make an
order in the terms of the draft order.

(3) If after the expiry of the 60-day period the Secretary of State wishes to
proceed with the draft order but with material changes, the Secretary of
State may lay before Parliament—

(a) 25a revised draft order, and

(b) a statement giving a summary of the changes proposed.

(4) If the revised draft order is approved by a resolution of each House of
Parliament, the Secretary of State may make an order in the terms of the
revised draft order.

30Interpretation

5 (1) For the purposes of this paragraph an order is made in the terms of a draft
order or revised draft order if it contains no material changes to its
provisions.

(2) In this Schedule, references to the “30-day”, “40-day” and “60-day” periods
35in relation to any draft order are to the periods of 30, 40 and 60 days
beginning with the day on which the draft order was laid before Parliament.

(3)
For that purpose no account is to be taken of any time during which
Parliament is dissolved or prorogued or during which either House is
adjourned for more than four days.