Drugs Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Drugs Bill

Drugs Bill
Part 1 — Supply of controlled drugs
1

A
Bill
To
Make provision in connection with controlled drugs and for the making of
orders to supplement anti-social behaviour orders in cases where behaviour is
affected by drug misuse or other prescribed factors.
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:—
Part 1
Supply of controlled drugs
1
Aggravated supply of controlled drug
(1)
After section 4 of the Misuse of Drugs Act 1971 (c. 38) (restriction on
production and supply of controlled drugs) insert—
5
“4A
Aggravation of offence of supply of controlled drug
(1)
This section applies if—
(a)
a court is considering the seriousness of an offence under
section 4(3) of this Act, and
(b)
at the time the offence was committed the offender had attained
10
the age of 18.
(2)
If either of the following conditions is met the court—
(a)
must treat the fact that the condition is met as an aggravating
factor (that is to say, a factor that increases the seriousness of the
offence), and
15
(b)
must state in open court that the offence is so aggravated.
(3)
The first condition is that the offence was committed in the vicinity of a
school at a relevant time.
(4)
The second condition is that in connection with the commission of the
offence the offender used a courier who, at the time the offence was
20
committed, was under the age of 18.

Bill 17 53/4

Drugs Bill
Part 1 — Supply of controlled drugs
2

(5)
In subsection (3), a relevant time is—
(a)
any time when a school is in use by persons under the age of 18;
(b)
one hour before the start and one hour after the end of any such
time.
(6)
The first condition is not met if the offender did not know and could not
5
reasonably have been expected to know that the school was in use as
mentioned in subsection (5)(a).
(7)
For the purposes of subsection (4), a person uses a courier in connection
with an offence under section 4(3) of this Act if he requests another
person (the courier)—
10
(a)
to deliver a controlled drug to a third person, or
(b)
to deliver drug related cash to himself or a third person.
(8)
For the purposes of subsection (7), drug related cash is cash which—
(a)
is obtained in connection with the supply of a controlled drug,
or
15
(b)
is intended to be used to obtain a controlled drug.
(9)
In this section—
“cash” includes—
(a)
notes and coins in any currency;
(b)
postal orders;
20
(c)
cheques of any kind, including travellers cheques;
(d)
bankers’ drafts;
(e)
bearer bonds and bearer shares;
(f)
any other monetary instrument specified by order made
by the Secretary of State;
25
“school” has the same meaning—
(a)
in England and Wales, as in section 4 of the Education
Act 1996;
(b)
in Scotland, as in section 135(1) of the Education
(Scotland) Act 1980;
30
(c)
in Northern Ireland, as in Article 2(2) of the Education
and Libraries (Northern Ireland) Order 1986.
(10)
The power under subsection (9) to make an order is exercisable by
statutory instrument, and such an order is subject to annulment in
pursuance of a resolution of either House of Parliament.”
35
(2)
Section 4A of the Misuse of Drugs Act 1971 (c. 38) (inserted by subsection (1)
above) does not apply to an offence committed before this section comes into
force.
2
Proof of intention to supply a controlled drug
(1)
The Misuse of Drugs Act 1971 is amended as follows.
40
(2)
In section 5 (restriction of possession of controlled drugs), after subsection (4)
insert—
“(4A)
In any proceedings for an offence under subsection (3) above, if it is
proved that the accused had an amount of a controlled drug in his
possession which is not less than the prescribed amount, the court or
45

Drugs Bill
Part 2 — Police powers relating to drugs
3

jury must assume that he had the drug in his possession with the intent
to supply it as mentioned in subsection (3).
(4B)
Subsection (4A) above does not apply if evidence is adduced which is
sufficient to raise an issue that the accused may not have had the drug
in his possession with that intent.
5
(4C)
Regulations under subsection (4A) above have effect only in relation to
proceedings for an offence committed after the regulations come into
force.”
(3)
In section 31 (general provisions as to regulations)—
(a)
in subsection (2), after “which shall” insert “, except as provided by
10
subsection (2A),”;
(b)
after subsection (2) insert—
“(2A)
A statutory instrument containing regulations under section
5(4A) of this Act shall not be made unless a draft of the
instrument has been laid before, and approved by a resolution
15
of, each House of Parliament.”;
(c)
after subsection (4) insert—
“(4A)
Subsection (4) does not apply in relation to regulations under
section 5(4A) of this Act.”
(4)
In section 38 (special provisions as to Northern Ireland) after subsection (1)
20
insert—
“(1A)
Subsection (1) does not apply, in relation to regulations under section
5(4A) of this Act, to the reference to the Secretary of State in the
definition of “prescribed” in section 37(1) of this Act.”
Part 2
25
Police powers relating to drugs
3
Drug offence searches: England and Wales
(1)
Section 55 of the Police and Criminal Evidence Act 1984 (c. 60) (intimate
searches) is amended as follows.
(2)
After subsection (3) insert—
30
“(3A)
A drug offence search shall not be carried out unless the appropriate
consent has been given in writing.
(3B)
Where it is proposed that a drug offence search be carried out, an
appropriate officer shall inform the person who is to be subject to it—
(a)
of the giving of the authorisation for it; and
35
(b)
of the grounds for giving the authorisation.”
(3)
After subsection (10) insert—
“(10A)
If the intimate search is a drug offence search, the custody record
relating to that person shall also state—
(a)
the authorisation by virtue of which the search was carried out;
40
(b)
the grounds for giving the authorisation; and
(c)
the fact that the appropriate consent was given.”

Drugs Bill
Part 2 — Police powers relating to drugs
4

(4)
In subsection (11), for “subsection (10)” substitute “subsections (10) and (10A)”.
(5)
After subsection (13) insert—
“(13A)
Where the appropriate consent to a drug offence search of any person
was refused without good cause, in any proceedings against that
person for an offence—
5
(a)
the court, in determining whether there is a case to answer;
(b)
a judge, in deciding whether to grant an application made by
the accused under paragraph 2 of Schedule 3 to the Crime and
Disorder Act 1998 (applications for dismissal); and
(c)
the court or jury, in determining whether that person is guilty
10
of the offence charged,

may draw such inferences from the refusal as appear proper.”
(6)
In subsection (17) at the appropriate place insert—
“ “appropriate officer” means—
(a)
a constable,
15
(b)
a person who is designated as a detention officer in
pursuance of section 38 of the Police Reform Act 2002 if
his designation applies paragraph 33D of Schedule 4 to
that Act, or
(c)
a person who is designated as a staff custody officer in
20
pursuance of section 38 of that Act if his designation
applies paragraph 35B of Schedule 4 to that Act;”.
4
Drug offence searches: Northern Ireland
(1)
Article 56 of the Police and Criminal Evidence (Northern Ireland) Order 1989
(S.I. 1989/1341) (intimate searches) is amended as follows.
25
(2)
After paragraph (3) insert—
“(3A)
A drug offence search shall not be carried out unless the appropriate
consent has been given in writing.
(3B)
Where it is proposed that a drug offence search be carried out, a
constable shall inform the person who is to be subject to it—
30
(a)
of the giving of the authorisation for it; and
(b)
of the grounds for giving the authorisation.”
(3)
After paragraph (10) insert—
“(10A)
If the intimate search is a drug offence search, the custody record
relating to that person shall also state—
35
(a)
the authorisation by virtue of which the search was carried out;
(b)
the grounds for giving the authorisation; and
(c)
the fact that the appropriate consent was given.”
(4)
In paragraph (11), for “paragraph (10)” substitute “paragraphs (10) and (10A)”.
(5)
After paragraph (13) insert—
40
“(13A)
Where the appropriate consent to a drug offence search of any person
was refused without good cause, in any proceedings against that
person for an offence—

Drugs Bill
Part 2 — Police powers relating to drugs
5

(a)
the court, in determining whether to commit the accused for
trial or whether there is a case to answer;
(b)
a judge, in deciding whether to grant an application made by
the accused under—
(i)
Article 5 of the Criminal Justice (Serious Fraud)
5
(Northern Ireland) Order 1988 (application for dismissal
of charges where a case of fraud has been transferred
from a magistrates’ court to the Crown Court under
Article 3 of that Order); or
(ii)
paragraph 4 of Schedule 1 to the Children’s Evidence
10
(Northern Ireland) Order 1995 (application for dismissal
of charge of violent or sexual offence involving child in
respect of which notice of transfer has been given under
Article 4 of that Order); and
(c)
the court or jury, in determining whether that person is guilty
15
of the offence charged,

may draw such inferences from the refusal as appear proper.”
5
X-rays and ultrasound scans: England and Wales
(1)
After section 55 (intimate searches) of the Police and Criminal Evidence Act
1984 (c. 60) insert—
20
“55A
X-rays and ultrasound scans
(1)
If an officer of at least the rank of inspector has reasonable grounds for
believing that a person who has been arrested for an offence and is in
police detention—
(a)
may have swallowed a Class A drug, and
25
(b)
was in possession of it with the appropriate criminal intent
before his arrest,

the officer may authorise that an x-ray is taken of the person or an
ultrasound scan is carried out on the person (or both).
(2)
An x-ray must not be taken of a person and an ultrasound scan must
30
not be carried out on him unless the appropriate consent has been given
in writing.
(3)
If it is proposed that an x-ray is taken or an ultrasound scan is carried
out, an appropriate officer must inform the person who is to be subject
to it—
35
(a)
of the giving of the authorisation for it, and
(b)
of the grounds for giving the authorisation.
(4)
An x-ray may be taken or an ultrasound scan carried out only by a
suitably qualified person and only at—
(a)
a hospital,
40
(b)
a registered medical practitioner’s surgery, or
(c)
some other place used for medical purposes.
(5)
The custody record of the person must also state—
(a)
the authorisation by virtue of which the x-ray was taken or the
ultrasound scan was carried out,
45
(b)
the grounds for giving the authorisation, and

Drugs Bill
Part 2 — Police powers relating to drugs
6

(c)
the fact that the appropriate consent was given.
(6)
The information required to be recorded by subsection (5) must be
recorded as soon as practicable after the x-ray has been taken or
ultrasound scan carried out (as the case may be).
(7)
Every annual report—
5
(a)
under section 22 of the Police Act 1996, or
(b)
made by the Commissioner of Police of the Metropolis,

must contain information about x-rays which have been taken and
ultrasound scans which have been carried out under this section in the
area to which the report relates during the period to which it relates.
10
(8)
The information about such x-rays and ultrasound scans must be
presented separately and must include—
(a)
the total number of x-rays;
(b)
the total number of ultrasound scans;
(c)
the results of the x-rays;
15
(d)
the results of the ultrasound scans.
(9)
If the appropriate consent to an x-ray or ultrasound scan of any person
is refused without good cause, in any proceedings against that person
for an offence—
(a)
the court, in determining whether there is a case to answer,
20
(b)
a judge, in deciding whether to grant an application made by
the accused under paragraph 2 of Schedule 3 to the Crime and
Disorder Act 1998 (applications for dismissal), and
(c)
the court or jury, in determining whether that person is guilty
of the offence charged,
25

may draw such inferences from the refusal as appear proper.
(10)
In this section “the appropriate criminal intent”, “appropriate officer”,
“Class A drug” and “suitably qualified person” have the same
meanings as in section 55 above.”
(2)
In Schedule 4 to the Police Reform Act 2002 (c. 30)—
30
(a)
after paragraph 33C (inserted by paragraph 7 of Schedule 9 to the
Serious Organised Crime and Police Act 2005) insert—
“33D
Where a designation applies this paragraph to any person, he
is authorised to carry out the duty under—
(a)
section 55 of the Police and Criminal Evidence Act
35
1984 of informing a person who is to be subject to an
intimate search under that section of the matters of
which he is required to be informed in pursuance of
subsection (3B) of that section;
(b)
section 55A of that Act of informing a person who is
40
to be subject to x-ray or ultrasound (as the case may
be) under that section of the matters of which he is
required to be informed in pursuance of subsection
(3) of that section.”;
(b)
after paragraph 35A (inserted by section 111(5) of the Serious
45

Drugs Bill
Part 2 — Police powers relating to drugs
7

Organised Crime and Police Act 2005) insert—
“35B
Where a designation applies this paragraph to any person, he
is authorised to carry out the duty under—
(a)
section 55 of the Police and Criminal Evidence Act
1984 of informing a person who is to be subject to an
5
intimate search under that section of the matters of
which he is required to be informed in pursuance of
subsection (3B) of that section;
(b)
section 55A of that Act of informing a person who is
to be subject to x-ray or ultrasound (as the case may
10
be) under that section of the matters of which he is
required to be informed in pursuance of subsection
(3) of that section.”
6
X-rays and ultrasound scans: Northern Ireland
After Article 56 (intimate searches) of the Police and Criminal Evidence
15
(Northern Ireland) Order 1989 (S.I. 1989/1341) insert—
“56A
X-rays and ultrasound scans
(1)
If an officer of at least the rank of superintendent has reasonable
grounds for believing that a person who has been arrested for an
offence and is in police detention—
20
(a)
may have swallowed a Class A drug, and
(b)
was in possession of it with the appropriate criminal intent
before his arrest,

the officer may authorise that an x-ray is taken of the person or an
ultrasound scan is carried out on the person (or both).
25
(2)
An x-ray must not be taken of a person and an ultrasound scan must
not be carried out on him unless the appropriate consent has been given
in writing.
(3)
If it is proposed that an x-ray is taken or an ultrasound scan is carried
out, a constable must inform the person who is to be subject to it—
30
(a)
of the giving of the authorisation for it, and
(b)
of the grounds for giving the authorisation.
(4)
An x-ray may be taken or an ultrasound scan carried out only by a
suitably qualified person and only at—
(a)
a hospital,
35
(b)
a registered medical practitioner’s surgery, or
(c)
some other place used for medical purposes.
(5)
The custody record of the person must also state—
(a)
the authorisation by virtue of which the x-ray was taken or the
ultrasound scan was carried out,
40
(b)
the grounds for giving the authorisation, and
(c)
the fact that the appropriate consent was given.
(6)
The information required to be recorded by subsection (5) must be
recorded as soon as practicable after the x-ray has been taken or
ultrasound scan carried out (as the case may be).
45