Drugs Bill

House of Commons

Session 2004 - 05
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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

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Bill 17 (xxxxxx) 53/4

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