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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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5 |
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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15 |
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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20 |
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Police and Criminal
Evidence |
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Criminal Justice and
Court |
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Services Act 2000 (c.
43) |
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25 |
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Criminal Justice and
Police Act |
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Criminal Justice Act
2003 (c. 44) |
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In section 5(3), paragraph
(a) |
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