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Drugs Bill


Drugs Bill
Part 3 — Assessment of misuse of drugs

15

 

(5)   

The assessor must also warn the person that, if he fails without good cause to

attend the follow-up assessment and remain for its duration, he may be liable

to prosecution.

(6)   

The initial assessor must also give the person notice in writing which—

(a)   

confirms that he is required to attend and remain for the duration of the

5

follow-up assessment,

(b)   

confirms the information given in pursuance of subsection (4), and

(c)   

repeats the warning given in pursuance of subsection (5).

(7)   

The duties mentioned in subsections (2) and (4) to (6) must be discharged

before the conclusion of the initial assessment.

10

(8)   

If a person is given a notice in pursuance of subsection (6), the initial assessor

or another suitably qualified person may give the person a further notice in

writing which—

(a)   

informs the person of any change to the time when, or to the place at

which, the follow-up assessment is to take place, and

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(b)   

repeats the warning mentioned in subsection (5).

14      

Attendance at follow-up assessment

(1)   

This section applies if a person is required to attend a follow-up assessment

and remain for its duration by virtue of section 10(2).

(2)   

The follow-up assessor must inform a police officer or a police support officer

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if the person—

(a)   

fails to attend the follow-up assessment at the specified time and place,

or

(b)   

attends the assessment at the specified time and place but fails to

remain for its duration.

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(3)   

A person is guilty of an offence if without good cause—

(a)   

he fails to attend a follow-up assessment at the specified time and place,

or

(b)   

he attends the assessment at the specified time and place but fails to

remain for its duration.

30

(4)   

A person who is guilty of an offence under subsection (3) is liable on summary

conviction to imprisonment for a term not exceeding 51 weeks, or to a fine not

exceeding level 4 on the standard scale, or to both.

(5)   

In this section—

(a)   

the specified time, in relation to the person concerned, is the time

35

specified in the notice given to him in pursuance of subsection (6) of

section 13 or, if a further notice specifying a different time has been

given to him in pursuance of subsection (8) of that section, the time

specified in that notice, and

(b)   

the specified place, in relation to the person concerned, is the place

40

specified in the notice given to him in pursuance of subsection (6) of

section 13 or, if a further notice specifying a different place has been

given to him in pursuance of subsection (8) of that section, the place

specified in that notice.

(6)   

In relation to an offence committed before the commencement of section 281(5)

45

of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary

 
 

Drugs Bill
Part 3 — Assessment of misuse of drugs

16

 

offences), the reference in subsection (4) to 51 weeks is to be read as a reference

to 3 months.

15      

Disclosure of information about assessments

(1)   

An initial assessor may disclose information obtained as a result of an initial

assessment to any of the following—

5

(a)   

a person who is involved in the conduct of the assessment;

(b)   

a person who is or may be involved in the conduct of any follow-up

assessment.

(2)   

A follow-up assessor may disclose information obtained as a result of a follow-

up assessment to a person who is involved in the conduct of the assessment.

10

(3)   

Subject to subsections (1) and (2), information obtained as a result of an initial

or a follow-up assessment may not be disclosed by any person without the

written consent of the person to whom the assessment relates.

(4)   

Nothing in this section affects the operation of section 17(4).

16      

Samples submitted for further analysis

15

(1)   

A requirement imposed on a person by virtue of section 9(2) or 10(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 analysis of the sample

taken from him as mentioned in section 9(1)(a), and

(b)   

the analysis does not reveal that a specified Class A drug was present

20

in the person’s body.

(2)   

If a requirement ceases to have effect by virtue of subsection (1), a police officer

must so inform the person concerned.

(3)   

Nothing in subsection (1) affects the validity of anything done in connection

with the requirement before it ceases to have effect.

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(4)   

If a person fails to attend an assessment which he is required to attend by virtue

of section 9(2) or fails to remain for the duration of such an assessment but, at

any time after his failure, the requirement ceases to have effect by virtue of

subsection (1) above—

(a)   

no proceedings for an offence under section 12(3) may be brought

30

against him, and

(b)   

if any such proceedings were commenced before the requirement

ceased to have effect, those proceedings must be discontinued.

(5)   

If a person fails to attend an assessment which he is required to attend by virtue

of section 10(2) or fails to remain for the duration of such an assessment but, at

35

any time after his failure, the requirement ceases to have effect by virtue of

subsection (1) above—

(a)   

no proceedings for an offence under section 14(3) may be brought

against him, and

(b)   

if any such proceedings were commenced before the requirement

40

ceased to have effect, those proceedings must be discontinued.

 
 

Drugs Bill
Part 3 — Assessment of misuse of drugs

17

 

17      

Relationship with Bail Act 1976 etc.

(1)   

A requirement imposed on a person by virtue of section 9(2) or 10(2) ceases to

have effect if at any time before he has fully complied with the requirement—

(a)   

he is charged with the related offence, and

(b)   

a court imposes on him a condition of bail under section 3(6D) of the

5

Bail Act 1976 (c. 63) (duty to impose condition to undergo relevant

assessment etc.).

(2)   

For the purposes of section 3(6D) of the 1976 Act, a relevant assessment (within

the meaning of that Act) is to be treated as having been carried out if—

(a)   

a person attends an initial assessment and remains for its duration, and

10

(b)   

the initial assessor is satisfied that the initial assessment fulfilled the

purposes of a relevant assessment.

(3)   

For the purposes of paragraph 6B(2)(b) of Schedule 1 to the 1976 Act

(exceptions to right to bail for drug users in certain areas), a person is to be

treated as having undergone a relevant assessment (within the meaning of that

15

Act) if—

(a)   

the person attends an initial assessment and remains for its duration,

and

(b)   

the initial assessor is satisfied that the initial assessment fulfilled the

purposes of a relevant assessment.

20

(4)   

An initial assessor may disclose information relating to an initial assessment

for the purpose of enabling a court considering an application for bail by the

person concerned to determine whether subsection (2) or (3) applies.

(5)   

Nothing in subsection (1) affects—

(a)   

the validity of anything done in connection with the requirement

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before it ceases to have effect, or

(b)   

any liability which the person may have for an offence under section

12(3) or 14(3) committed before the requirement ceases to have effect.

(6)   

In subsection (1), “the related offence” is the offence in respect of which the

condition specified in subsection (1A) or (2) of section 63B of PACE is satisfied

30

in relation to the taking of the sample mentioned in section 9(1)(a) of this Act.

18      

Orders under this Part and guidance

(1)   

A statutory instrument containing an order under section 9(4) or 10(5) must not

be made unless a draft of the instrument has been laid before, and approved by

a resolution of, each House of Parliament.

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(2)   

Any such order may—

(a)   

make different provision for different police areas;

(b)   

make such provision as the Secretary of State considers appropriate in

connection with requiring persons who have not attained the age of 18

to attend and remain for the duration of an initial assessment or a

40

follow-up assessment (as the case may be), including provision

amending this Part.

(3)   

In exercising any functions conferred by this Part, a police officer and a suitably

qualified person must have regard to any guidance issued by the Secretary of

State for the purposes of this Part.

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Drugs Bill
Part 4 — Miscellaneous and general

18

 

19      

Interpretation

(1)   

This section applies for the purposes of this Part.

(2)   

“Class A drug” and “misuse” have the same meanings as in the Misuse of

Drugs Act 1971 (c. 38).

(3)   

“Specified”, in relation to a Class A drug, has the same meaning as in Part 3 of

5

the Criminal Justice and Court Services Act 2000 (c. 43).

(4)   

“Initial assessment” and “initial assessor” must be construed in accordance

with section 9(3).

(5)   

“Follow-up assessment” and “follow-up assessor” must be construed in

accordance with section 10(3).

10

(6)   

“Suitably qualified person” means a person who has such qualifications or

experience as are from time to time specified by the Secretary of State for the

purposes of this Part.

(7)   

“Police support officer” means a person who is employed by a police authority

under section 15(1) of the Police Act 1996 (c. 16) and who is under the direction

15

and control of the chief officer of police of the police force maintained by that

authority.

(8)   

“PACE” means the Police and Criminal Evidence Act 1984 (c. 60).

Part 4

Miscellaneous and general

20

20      

Anti-social behaviour orders: intervention orders

After section 1F of the Crime and Disorder Act 1998 (c. 37) (inserted by section

128 of the Serious Organised Crime and Police Act 2005) insert—

“1G     

Intervention orders

(1)   

This section applies if, in relation to a person who has attained the age

25

of 18, a relevant authority—

(a)   

makes an application for an anti-social behaviour order or an

order under section 1B above (the behaviour order),

(b)   

has obtained from an appropriately qualified person a report

relating to the effect on the person’s behaviour of the misuse of

30

controlled drugs or of such other factors as the Secretary of State

by order prescribes, and

(c)   

has engaged in consultation with such persons as the Secretary

of State by order prescribes for the purpose of ascertaining that,

if the report recommends that an order under this section is

35

made, appropriate activities will be available.

(2)   

The relevant authority may make an application to the court which is

considering the application for the behaviour order for an order under

this section (an intervention order).

(3)   

If the court—

40

(a)   

makes the behaviour order, and

(b)   

is satisfied that the relevant conditions are met,

 
 

Drugs Bill
Part 4 — Miscellaneous and general

19

 

   

it may also make an intervention order.

(4)   

The relevant conditions are—

(a)   

that an intervention order is desirable in the interests of

preventing a repetition of the behaviour which led to the

behaviour order being made (trigger behaviour);

5

(b)   

that appropriate activities relating to the trigger behaviour or its

cause are available for the defendant;

(c)   

that the defendant is not (at the time the intervention order is

made) subject to another intervention order or to any other

treatment relating to the trigger behaviour or its cause (whether

10

on a voluntary basis or by virtue of a requirement imposed in

pursuance of any enactment);

(d)   

that the court has been notified by the Secretary of State that

arrangements for implementing intervention orders are

available in the area in which it appears that the defendant

15

resides or will reside and the notice has not been withdrawn.

(5)   

An intervention order is an order which—

(a)   

requires the defendant to comply, for a period not exceeding six

months, with such requirements as are specified in the order,

and

20

(b)   

requires the defendant to comply with any directions given by

a person authorised to do so under the order with a view to the

implementation of the requirements under paragraph (a)

above.

(6)   

An intervention order or directions given under the order may require

25

the defendant—

(a)   

to participate in the activities specified in the requirement or

directions at a time or times so specified;

(b)   

to present himself to a person or persons so specified at a time

or times so specified.

30

(7)   

Requirements included in, or directions given under, an intervention

order must, as far as practicable, be such as to avoid—

(a)   

any conflict with the defendant’s religious beliefs, and

(b)   

any interference with the times (if any) at which he normally

works or attends an educational establishment.

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(8)   

If the defendant fails to comply with a requirement included in or a

direction given under an intervention order, the person responsible for

the provision or supervision of appropriate activities under the order

must inform the relevant authority of that fact.

(9)   

The person responsible for the provision or supervision of appropriate

40

activities is a person of such description as is prescribed by order made

by the Secretary of State.

(10)   

In this section—

“appropriate activities” means such activities, or activities of such

a description, as are prescribed by order made by the Secretary

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of State for the purposes of this section;

 
 

Drugs Bill
Part 4 — Miscellaneous and general

20

 

“appropriately qualified person” means a person who has such

qualifications or experience as the Secretary of State by order

prescribes;

“controlled drug” has the same meaning as in the Misuse of Drugs

Act 1971;

5

“relevant authority” means a relevant authority for the purposes

of section 1 above.

(11)   

An order under this section may make different provision for different

purposes.

(12)   

This section and section 1H below apply to a person in respect of whom

10

a behaviour order has been made subject to the following

modifications—

(a)   

in subsection (1) above paragraph (a) must be ignored;

(b)   

in subsection (2) above, for “is considering the application for”

substitute “made”;

15

(c)   

in subsection (3) above paragraph (a), the word “and” following

it and the word “also” must be ignored.

1H      

Intervention orders: explanation, breach, amendment etc.

(1)   

Before making an intervention order the court must explain to the

defendant in ordinary language—

20

(a)   

the effect of the order and of the requirements proposed to be

included in it,

(b)   

the consequences which may follow (under subsection (3)

below) if he fails to comply with any of those requirements, and

(c)   

that the court has power (under subsection (5) below) to review

25

the order on the application either of the defendant or of the

relevant authority.

(2)   

The power of the Secretary of State under section 174(4) of the Criminal

Justice Act 2003 includes power by order to—

(a)   

prescribe cases in which subsection (1) does not apply, and

30

(b)   

prescribe cases in which the explanation referred to in that

subsection may be made in the absence of the defendant, or may

be provided in written form.

(3)   

If a person in respect of whom an intervention order is made fails

without reasonable excuse to comply with any requirement included in

35

the order he is guilty of an offence and liable on summary conviction to

a fine not exceeding level 4 on the standard scale.

(4)   

If the behaviour order as a result of which an intervention order is made

ceases to have effect, the intervention order (if it has not previously

ceased to have effect) ceases to have effect when the behaviour order

40

does.

(5)   

On an application made by—

(a)   

a person subject to an intervention order, or

(b)   

the relevant authority,

   

the court which made the intervention order may vary or discharge it

45

by a further order.

 
 

Drugs Bill
Part 4 — Miscellaneous and general

21

 

(6)   

An application under subsection (5) made to a magistrates’ court must

be made by complaint.

(7)   

If the behaviour order as a result of which an intervention order was

made is varied, the court varying the behaviour order may by a further

order vary or discharge the intervention order.

5

(8)   

Expressions used in this section and in section 1G have the same

meaning in this section as in that section.”

21      

Inclusion of mushrooms containing Psilocin etc. as Class A drugs

In Part 1 of Schedule 2 to the Misuse of Drugs Act 1971 (c. 38) (Class A drugs),

in paragraph 1, insert at the appropriate place—

10

“Fungus (of any kind) which contains Psilocin or an ester of Psilocin.”

22      

Financial provision

There shall be paid out of money provided by Parliament—

(a)   

any expenditure incurred by the Secretary of State by virtue of this Act, and

(b)   

any increase attributable to this Act in the sums payable out of money so

15

provided under any other Act.

23      

Amendments and repeals

(1)   

Schedule 1 (which contains amendments) has effect.

(2)   

Schedule 2 (which contains repeals) has effect.

24      

Short title, commencement and extent

20

(1)   

This Act may be cited as the Drugs Act 2005.

(2)   

This section and section 22 come into force on the day on which this Act is

passed.

(3)   

Otherwise, this Act comes into force on such day as the Secretary of State may

by order made by statutory instrument appoint.

25

(4)   

Different days may be appointed for different purposes.

(5)   

An order under subsection (3) may make—

(a)   

any supplementary, incidental or consequential provision, and

(b)   

any transitory, transitional or saving provision,

   

as the Secretary of State considers necessary or expedient in connection with

30

the order.

(6)   

Subject to subsection (7), this Act (except this section and sections 22 and 23)

extends to England and Wales only.

(7)   

So far as it amends or repeals any enactment, this Act has the same extent as

the enactment amended or repealed.

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