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A

BILL

TO

Provide for the assessment of drug dependency or propensity for drug misuse
of persons who, in the course of investigations for certain driving offences,
have provided blood or urine samples that reveal the presence of certain
drugs; and for connected purposes.

Be it enacted by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—

1 Drug assessments for persons under investigation for drug driving offences

In Part 3 of the Drugs Act 2005 (assessment of misuse of drugs), after section 11
there is inserted—

11A Initial assessment following testing for presence of Class A drugs
5under the Road Traffic Act 1988

(1) This section applies to a person (“P”) if—

(a) a sample of blood or urine has been taken from P under section
7 or 7A of the Road Traffic Act 1988 in the course of an
investigation into whether P has committed an offence under
10section 3A, 4 or 5A of that Act (causing death by careless driving
while under the influence of drink or drugs; driving under the
influence of drink or drugs; driving with drugs in body),

(b) an analysis of the sample reveals that a specified Class A drug
may be present in P’s body, and

(c) 15P is aged 18 or over.

(2) A police officer may require P to attend an initial assessment and
remain for its duration.

(3) The Secretary of State may by order made by statutory instrument
amend subsection (1)(c) by substituting a different age.

11B 20Follow-up assessment following initial assessment under section 11A

(1) This section applies if—

Drug Driving (Assessment of Drug Misuse) BillPage 2

(a) a police officer requires a person (“P”) to attend an initial
assessment and remain for its duration under section 11A(2),
and

(b) P is aged 18 or over.

(2) 5The police officer must, at the same time as imposing the requirement
under section 11A(2)—

(a) require P to attend a follow-up assessment and remain for its
duration, and

(b) inform P that the requirement ceases to have effect if P is
10informed at the initial assessment that P is no longer required to
attend the follow-up assessment.

(3) The Secretary of State may by order made by statutory instrument
amend subsection (1)(b) by substituting a different age.

11C Requirements under sections 11A and 11B: supplemental

(1) 15A requirement under section 11A(2) for a person (“P”) to attend an
initial assessment and remain for its duration must be imposed by
giving notice in writing to P.

(2) The notice must—

(a) inform P of the time when, and the place at which, the initial
20assessment is to take place,

(b) inform P of the requirement to attend a follow-up assessment
and remain for its duration unless informed otherwise at the
initial assessment, and

(c) include a warning that P is liable to prosecution for a failure
25without good cause to attend an initial assessment, and any
follow-up assessment that P is required to attend, and remain
for its duration.

(3) If P is given a notice under this section, a police officer or other suitably
qualified person may give P a further notice in writing which—

(a) 30informs P of any change to the time when, or the place at which,
the initial assessment is to take place, and

(b) repeats the warning that P is liable to prosecution for a failure
without good cause to attend an initial assessment, and any
follow-up assessment that P is required to attend, and remain
35for its duration.

(4) A notice under this section must be given to P at least 14 days before the
date on which P is required by the notice to attend the initial
assessment.

2 Consequential amendments to the Drugs Act 2005

(1) 40The Drugs Act 2005 is amended as follows.

(2) In the heading to section 9, at the end there is inserted “under section 63B of
PACE”.

(3) In the heading to section 10, at the end there is inserted “following initial
assessment under section 9”.

(4) 45In section 12 (attendance at initial assessment)—

Drug Driving (Assessment of Drug Misuse) BillPage 3

(a) in subsection (1), after “9(2)” there is inserted “or 11A(2)”;

(b) in subsection (5), after “10(2)” there is inserted “or 11B(2)”;

(c) for subsection (6) there is substituted—

(6) In this section—

(5) In section 13 (arrangements for follow-up assessment)—

(a) in subsection (1)(a), after “9(2)” there is inserted “or 11A(2)”;

(b) 35in subsection (1)(b), after “10(2)” there is inserted “or 11B(2)”;

(c) in subsection (3), after “10(2)” there is inserted “or 11B(2)”.

(6) In section 14 (attendance at follow-up assessment), in subsection (1), after
“10(2)” there is inserted “or 11B(2)”.

(7) In section 16 (samples submitted for further analysis)—

(a) 40after subsection (1) there is inserted—

(1A) A requirement imposed on a person by virtue of section 11A(2)
or 11B(2) ceases to have effect if at any time before he has fully
complied with the requirement—

(a) a police officer makes arrangements for a further
45analysis of the sample taken from him as mentioned in
section 11A(1)(a), and

(b) the analysis does not reveal that a specified Class A drug
was present in the person’s body.;

(b) in subsection (2), after “(1)” there is inserted “or (1A)”;

Drug Driving (Assessment of Drug Misuse) BillPage 4

(c) in subsection (3), after “(1)” there is inserted “or (1A)”;

(d) in subsection (4)—

(i) after “9(2)” there is inserted “or 11A(2)”;

(ii) after “(1)” there is inserted “or (1A)”;

(e) 5in subsection (5)—

(i) after “10(2)” there is inserted “or 11B(2)”;

(ii) after “(1)” there is inserted “or (1A)”.

(8) In section 17 (relationship with Bail Act 1976 etc)—

(a) in subsection (1), for “or 10(2)” there is substituted “, 10(2), 11A(2) or
1011B(2)”;

(b) for subsection (6) there is substituted—

(6) In subsection (1), “the related offence” means—

(a) in the case of a requirement imposed on a person by
virtue of section 9(2) or 10(2), the offence in respect of
15which the condition specified in subsection (1A) or (2) of
section 63B of PACE is satisfied in relation to the taking
of the sample mentioned in section 9(1)(a);

(b) in the case of a requirement imposed on a person by
virtue of section 11A(2) or 11B(2), the offence under
20section 3A, 4 or 5A of the Road Traffic Act 1988.

(9) In section 18 (orders under Part 3 and guidance), in subsection (1), for “or 10(5)”
there is substituted “, 10(5), 11A(3) or 11B(3)”.

3 Consequential amendments to the Bail Act 1976

(1) The Bail Act 1976 is amended as follows.

(2) 25In section 3 (general provisions), in subsection (6D)—

(a) in paragraph (a) after “6B(1)” there is inserted “or paragraphs (a) and
(b) of paragraph 6B(1A)”;

(b) in paragraph (b) for “paragraph (b) of that paragraph” there is
substituted “paragraph 6B(1)(b) or 6B(1A)(b) of Schedule 1”.

(3) 30In Schedule 1 (persons entitled to bail: supplementary provisions), in
paragraph 6B (exception applicable to drug users), after sub-paragraph (1)
there is inserted—

(1A) A defendant also falls within this paragraph if—

(a) he is aged 18 or over;

(b) 35a sample taken under section 7 or 7A of the Road Traffic Act
1988 has revealed the presence in his body of a specified Class
A drug; and

(c) the condition set out in sub-paragraph (2) below is satisfied
or (if the court is considering on a second or subsequent
40occasion whether or not to grant bail) has been, and continues
to be, satisfied.

4 Financial provision

There is to be paid out of money provided by Parliament any increase attributable to
this Act in the sums payable under any other Act out of money so provided.

Drug Driving (Assessment of Drug Misuse) BillPage 5

5 Commencement, extent and short title

(1) Sections 1 to 3 come into force on whatever day or days the Secretary of State
appoints by order made by statutory instrument, and different days may be
appointed for different areas.

(2) 5Section 4 and this section come into force on the day on which this Act is
passed.

(3) This Act extends to England and Wales only.

(4) This Act may be cited as the Drug Driving (Assessment of Drug Misuse) Act
2013.

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