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Police and Criminal Evidence Act 1984 (c. 60) |
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1 | The Police and Criminal Evidence Act 1984 is amended as follows. |
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2 | In section 37 (duties of custody officer before charge), after subsection (8) |
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“(8A) | Subsection (8B) applies if the offence for which the person is arrested |
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is one in relation to which a sample could be taken under section 63B |
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below and the custody officer— |
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(a) | is required in pursuance of subsection (2) above to release the |
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person arrested and decides to release him on bail, or |
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(b) | decides in pursuance of subsection (7)(a) or (b) above to |
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release the person without charge and on bail. |
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(8B) | The detention of the person may be continued to enable a sample to |
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be taken under section 63B, but this subsection does not permit a |
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person to be detained for a period of more than 24 hours after the |
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3 | In section 38 (duties of custody officer after charge)— |
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(a) | in subsection (1)(a) for sub-paragraph (iiia) substitute— |
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“(iiia) | in a case where a sample may be taken from |
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the person under section 63B below, the |
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custody officer has reasonable grounds for |
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believing that the detention of the person is |
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necessary to enable the sample to be taken |
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(b) | in subsection (6A), in the definition of “minimum age” for “section |
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63B(3) below” substitute “section 63B(3)(b) below”. |
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4 | In section 63B(7) (purposes for which results of drug tests may be disclosed), |
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after paragraph (c) insert— |
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“(ca) | for the purpose of an assessment which the person concerned |
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is required to attend by virtue of section 9(2) or 10(2) of the |
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(cb) | for the purpose of proceedings against the person concerned |
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for an offence under section 12(3) or 14(3) of that Act;”. |
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Criminal Justice and Court Services Act 2000 (c. 43) |
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5 | In section 57 of the Criminal Justice and Court Services Act 2000, subsection |
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(5) (power of Secretary of State to extend section 63B of the Police and |
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Criminal Evidence Act 1984 (c. 60) to persons arrested but not charged) is |
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Criminal Justice and Police Act 2001 (c. 16) |
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6 | Section 38 of the Criminal Justice and Police Act 2001 (which amends section |
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8 of the Misuse of Drugs Act 1971 (c. 38) to create an offence of permitting |
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the use of a controlled drug on premises) is omitted. |
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Anti-social Behaviour Act 2003 (c. 38) |
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7 | In section 1 of the Anti-social Behaviour Act 2003 (closure notices) after |
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“(7A) | For the purpose of subsection (6)(a) a constable may enter any |
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premises to which this section applies, using reasonable force if |
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Criminal Justice Act 2003 (c. 44) |
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8 | In section 5 of the Criminal Justice Act 2003 (drug testing for under- |
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eighteens), subsection (3)(a) is omitted. |
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| | | | | | Police and Criminal Evidence |
| | | | | | | | | | Criminal Justice and Court |
| | | | | Services Act 2000 (c. 43) |
| | | 25 | | Criminal Justice and Police Act |
| | | | | | | | | | Criminal Justice Act 2003 (c. 44) |
| In section 5(3), paragraph (a) |
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To Make provision in connection with controlled drugs and for the making of |
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orders to supplement anti-social behaviour orders in cases where behaviour is |
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affected by drug misuse or other prescribed factors. |
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| | | | | | | | | | | | | | | | | | | | | | | | | | | | | Ordered, by The House of Commons, |
| | | | to be printed, 16th December 2004. |
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© Parliamentary copyright House of Commons 2004
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Applications for reproduction should be made in writing to the Copyright Unit,
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Her Majesty’s Stationery Office, St. Clements House, 2-16 Colegate, Norwich, NR3 1BQ
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PUBLISHED BY AUTHORITY OF THE House of Commons
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LONDON — THE STATIONERY OFFICE LIMITED
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Printed in the United Kingdom by
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The Stationery Office Limited
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