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Drugs Bill


22

Drugs Bill
Schedule 1 — Amendments

 

Schedules

Schedule 1

Section 23

 

Amendments

Police and Criminal Evidence Act 1984 (c. 60)

1          

The Police and Criminal Evidence Act 1984 is amended as follows.

5

2          

In section 37 (duties of custody officer before charge), after subsection (8)

insert—

“(8A)   

Subsection (8B) applies if the offence for which the person is arrested

is one in relation to which a sample could be taken under section 63B

below and the custody officer—

10

(a)   

is required in pursuance of subsection (2) above to release the

person arrested and decides to release him on bail, or

(b)   

decides in pursuance of subsection (7)(a) or (b) above to

release the person without charge and on bail.

(8B)   

The detention of the person may be continued to enable a sample to

15

be taken under section 63B, but this subsection does not permit a

person to be detained for a period of more than 24 hours after the

relevant time.”

3          

In section 38 (duties of custody officer after charge)—

(a)   

in subsection (1)(a) for sub-paragraph (iiia) substitute—

20

“(iiia)   

in a case where a sample may be taken from

the person under section 63B below, the

custody officer has reasonable grounds for

believing that the detention of the person is

necessary to enable the sample to be taken

25

from him;”;

(b)   

in subsection (6A), in the definition of “minimum age” for “section

63B(3) below” substitute “section 63B(3)(b) below”.

4          

In section 63B(7) (purposes for which results of drug tests may be disclosed),

after paragraph (c) insert—

30

“(ca)   

for the purpose of an assessment which the person concerned

is required to attend by virtue of section 9(2) or 10(2) of the

Drugs Act 2005;

(cb)   

for the purpose of proceedings against the person concerned

for an offence under section 12(3) or 14(3) of that Act;”.

35

 

 

Drugs Bill
Schedule 2 — Repeals

23

 

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

5          

In section 57 of the Criminal Justice and Court Services Act 2000, subsection

(5) (power of Secretary of State to extend section 63B of the Police and

Criminal Evidence Act 1984 (c. 60) to persons arrested but not charged) is

omitted.

5

Criminal Justice and Police Act 2001 (c. 16)

6          

Section 38 of the Criminal Justice and Police Act 2001 (which amends section

8 of the Misuse of Drugs Act 1971 (c. 38) to create an offence of permitting

the use of a controlled drug on premises) is omitted.

Anti-social Behaviour Act 2003 (c. 38)

10

7          

In section 1 of the Anti-social Behaviour Act 2003 (closure notices) after

subsection (7) insert—

“(7A)   

For the purpose of subsection (6)(a) a constable may enter any

premises to which this section applies, using reasonable force if

necessary.”

15

Criminal Justice Act 2003 (c. 44)

8          

In section 5 of the Criminal Justice Act 2003 (drug testing for under-

eighteens), subsection (3)(a) is omitted.

Schedule 2

Section 23

 

Repeals

20

 

Short title and chapter

Extent of repeal

 
 

Police and Criminal Evidence

Section 63B(9)

 
 

Act 1984 (c. 60)

  
 

Criminal Justice and Court

Section 57(5)

 
 

Services Act 2000 (c. 43)

  

25

 

Criminal Justice and Police Act

Section 38

 
 

2001 (c. 16)

  
 

Criminal Justice Act 2003 (c. 44)

In section 5(3), paragraph (a)

 
 

 

 

Drugs Bill

 
 

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. 

 

Presented by The Prime Minister

 
 

supported by

 
 

Mr Secretary Prescott,

 
 

Mr Chancellor of the Exchequer,

 
 

Mr Secretary Darling, Mr Secretary Reid,

 
 

Mr Secretary Murphy, Mr Secretary Clarke,

 
 

Mr Peter Hain and Caroline Flint.

 
 

Ordered, by The House of Commons,

 
 

to be printed, 16th December 2004.

 
 

© Parliamentary copyright House of Commons 2004

 

Applications for reproduction should be made in writing to the Copyright Unit,

 

Her Majesty’s Stationery Office, St. Clements House, 2-16 Colegate, Norwich, NR3 1BQ

 


 

PUBLISHED BY AUTHORITY OF THE House of Commons

 

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Printed in the United Kingdom by

 

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Bill 17(xxxxxx)53/4
 

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Revised 17 December 2004