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CHAPTER II |
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MISCELLANEOUS |
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Police powers: drugs |
| Testing persons in police detention. |
48. - (1) The Police and Criminal Evidence Act 1984 is amended in accordance with subsections (2) to (4).
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(2) After section 63A there is inserted-
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| "Testing for presence of Class A drugs. |
63B. - (1) A sample of urine or a non-intimate sample may be taken from a person in police detention for the purpose of ascertaining whether he has any specified Class A drug in his body if the following conditions are met.
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(2) The first condition is-
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(a) that the person concerned has been charged with a trigger offence; or |
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(b) that the person concerned has been charged with an offence and a police officer of at least the rank of inspector, who has reasonable grounds for suspecting that the misuse by that person of any specified Class A drug caused or contributed to the offence, has authorised the sample to be taken. |
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(3) The second condition is that the person concerned has attained the age of 18.
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(4) The third condition is that a police officer has requested the person concerned to give the sample.
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(5) Before requesting the person concerned to give a sample, an officer must-
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(a) warn him that if, when so requested, he fails without good cause to do so he may be liable to prosecution, and |
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(b) in a case within subsection (2)(b) above, inform him of the giving of the authorisation and of the grounds in question. |
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(6) A sample may be taken under this section only by a person prescribed by regulations made by the Secretary of State by statutory instrument.
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No regulations shall be made under this subsection unless a draft has been laid before, and approved by resolution of, each House of Parliament.
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(7) A person who fails without good cause to give any sample which may be taken from him under this section shall be guilty of an offence.
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| Testing for presence of Class A drugs: supplementary. |
63C. - (1) A person guilty of an offence under section 63B above shall be liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 4 on the standard scale, or to both.
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(2) A police officer may give an authorisation under section 63B above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable.
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(3) If a sample is taken under section 63B above by virtue of an authorisation, the authorisation and the grounds for the suspicion shall be recorded as soon as is practicable after the sample is taken.
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(4) If the sample is taken from a person detained at a police station, the matters required to be recorded by subsection (3) above shall be recorded in his custody record.
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(5) Subsections (11) and (12) of section 62 above apply for the purposes of section 63B above as they do for the purposes of that section; and section 63B above does not prejudice the generality of sections 62 and 63 above.
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(6) In section 63B above-
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"Class A drug" and "misuse" have the same meanings as in the Misuse of Drugs Act 1971; |
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"specified" (in relation to a Class A drug) and "trigger offence" have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000." |
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(3) In section 38 of that Act (duties of custody officer after charge)-
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(a) in subsection (1)(a), after sub-paragraph (iii) there is inserted- |
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"(iiia) in the case of a person who has attained the age of 18, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable a sample to be taken from him under section 63B below",
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(b) at the end of subsection (2) there is inserted "but may not authorise a person to be kept in police detention by virtue of subsection (1)(a)(iiia) after the end of the period of six hours beginning when he was charged with the offence". |
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(4) At the end of section 66 of that Act (codes of practice) there is inserted-
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"(2) Codes shall (in particular) include provision in connection with the exercise by police officers of powers under section 63B above."
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(5) The Secretary of State may by order amend section 63B(2) of that Act so as to extend it to persons who have been arrested for (but not charged with) the offences in question.
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Bail |
| Right to bail: relevance of drug misuse. |
49. In section 4 of the Bail Act 1976 (general right to bail), after subsection (8) there is inserted-
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"(9) In taking any decisions required by Part I or Part II of Schedule 1 to this Act, the considerations to which the court is to have regard include, so far as relevant, any misuse of controlled drugs by the defendant ("controlled drugs" and "misuse" having the same meanings as in the Misuse of Drugs Act 1971)."
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Conditions or requirements of release of prisoners |
| Release on licence etc: conditions as to monitoring. |
50. - (1) This section applies where a sentence of imprisonment has been imposed on a person and, by virtue of any enactment-
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(a) the Secretary of State is required to, or may, release the person from prison, and |
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(b) the release is required to be, or may be, subject to conditions (whether conditions of a licence or any other conditions). |
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(2) The conditions may include-
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(a) conditions for securing the electronic monitoring of his compliance with any other conditions of his release, |
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(b) conditions for securing the electronic monitoring of his whereabouts (otherwise than for the purpose of securing his compliance with other conditions of his release). |
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(3) In relation to a prisoner released under section 34A(3) of the Criminal Justice Act 1991 (power to release short-term prisoners on licence) the monitoring referred to in subsection (2)(a) does not include the monitoring of his compliance with conditions imposed under section 37A of that Act (curfew conditions).
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(4) The Secretary of State may make rules about the conditions that may be imposed by virtue of this section.
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(5) References in this section to release include temporary release.
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| Supervision of young offenders after release. |
51. - (1) Section 65 of the Criminal Justice Act 1991 is amended as follows.
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(2) After subsection (5) there is inserted-
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"(5A) The requirements that may be specified in a notice under subsection (5) above include-
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(a) requirements for securing the electronic monitoring of the person's compliance with any other requirements specified in the notice; |
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(b) requirements for securing the electronic monitoring of his whereabouts (otherwise than for the purpose of securing his compliance with requirements specified in the notice); |
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(c) in the circumstances mentioned in subsection (5B) below, requirements to provide, when instructed to do so by an officer of a local board or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether the person has any specified Class A drug in his body. |
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(5B) The circumstances referred to in subsection (5A)(c) above are that-
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(a) the person has attained the age of 18 years; |
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(b) his term of detention was imposed for a trigger offence; and |
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(c) the requirements to provide samples are being imposed for the purpose of determining whether he is complying with any other requirements specified in the notice. |
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(5C) Requirements imposed by virtue of subsection (5A) above shall not have effect on or after the day on which the person would (but for his release) have served his term in full.
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(5D) The function of giving such an instruction as is mentioned in subsection (5A)(c) above shall be exercised in accordance with guidance given from time to time by the Secretary of State; and the Secretary of State may make rules about the requirements that may be imposed by virtue of subsection (5A) above and the provision of samples in pursuance of such an instruction."
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(3) After subsection (8) there is inserted-
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"(9) The power to make rules under this section-
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(a) shall be exercisable by statutory instrument which shall be subject to annulment in pursuance of a resolution of either House of Parliament; |
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(b) shall include power to make different provision for different cases or classes of case. |
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(10) In this section, "specified Class A drug" and "trigger offence" have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000."
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| Release on licence etc: drug testing requirements. |
52. - (1) This section applies where-
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(a) the Secretary of State releases from prison a person on whom a sentence of imprisonment has been imposed for a trigger offence, and |
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(b) the release is subject to conditions (whether conditions of a licence or any other conditions). |
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(2) For the purpose of determining whether the person is complying with any of the conditions, they may include the following requirement.
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(3) The requirement is that the person must provide, when instructed to do so by an officer of a local board or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug in his body.
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(4) The function of giving such an instruction is to be exercised in accordance with guidance given from time to time by the Secretary of State; and regulations may regulate the provision of samples in pursuance of such an instruction.
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(5) References in this section to release include temporary release.
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