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Drugs Bill


Drugs Bill
Part 2 — Police powers relating to drugs

8

 

(7)   

Every annual report under section 58 of the Police (Northern Ireland)

Act 2000 must contain information about x-rays which have been taken

and ultrasound scans which have been carried out under this Article

during the period to which it relates.

(8)   

The information about such x-rays and ultrasound scans must be

5

presented separately and must include—

(a)   

the total number of x-rays;

(b)   

the total number of ultrasound scans;

(c)   

the results of the x-rays;

(d)   

the results of the ultrasound scans.

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(9)   

If the appropriate consent to an x-ray or ultrasound scan of any person

is refused without good cause, in any proceedings against that person

for an offence—

(a)   

the court, in determining whether to commit the accused for

trial or whether there is a case to answer,

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(b)   

a judge, in deciding whether to grant an application made by

the accused under—

(i)   

Article 5 of the Criminal Justice (Serious Fraud)

(Northern Ireland) Order 1988 (application for dismissal

of charges where a case of fraud has been transferred

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from a magistrates’ court to the Crown Court under

Article 3 of that Order), or

(ii)   

paragraph 4 of Schedule 1 to the Children’s Evidence

(Northern Ireland) Order 1995 (application for dismissal

of charge of violent or sexual offence involving child in

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respect of which notice of transfer has been given under

Article 4 of that Order), and

(c)   

the court or jury, in determining whether that person is guilty

of the offence charged,

   

may draw such inferences from the refusal as appear proper.

30

(10)   

In this Article “the appropriate criminal intent”, “Class A drug” and

“suitably qualified person” have the same meanings as in Article 56

above.”

7       

Testing for presence of class A drugs

(1)   

Section 63B of the Police and Criminal Evidence Act 1984 (c. 60) (“PACE”)

35

(testing for presence of class A drugs) is amended in accordance with

subsections (2) to (12).

(2)   

In subsection (1) for “the following conditions are met” substitute “—

(a)   

either the arrest condition or the charge condition is met;

(b)   

both the age condition and the request condition are met; and

40

(c)   

the notification condition is met in relation to the arrest

condition, the charge condition or the age condition (as the case

may be).”

(3)   

After subsection (1) insert—

“(1A)   

The arrest condition is that the person concerned has been arrested for

45

an offence but has not been charged with that offence and either—

(a)   

the offence is a trigger offence; or

 
 

Drugs Bill
Part 2 — Police powers relating to drugs

9

 

(b)   

a police officer of at least the rank of inspector has reasonable

grounds for suspecting that the misuse by that person of a

specified Class A drug caused or contributed to the offence and

has authorised the sample to be taken.”

(4)   

In subsection (2), for “The first condition is” substitute “The charge condition

5

is either”.

(5)   

For subsection (3) substitute—

“(3)   

The age condition is—

(a)   

if the arrest condition is met, that the person concerned has

attained the age of 18;

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(b)   

if the charge condition is met, that he has attained the age of 14.”

(6)   

In subsection (4), for “third” substitute “request”.

(7)   

After subsection (4) insert—

“(4A)   

The notification condition is that—

(a)   

the relevant chief officer has been notified by the Secretary of

15

State that appropriate arrangements have been made for the

police area as a whole, or for the particular police station, in

which the person is in police detention, and

(b)   

the notice has not been withdrawn.

(4B)   

For the purposes of subsection (4A) above, appropriate arrangements

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are arrangements for the taking of samples under this section from

whichever of the following is specified in the notification—

(a)   

persons in respect of whom the arrest condition is met;

(b)   

persons in respect of whom the charge condition is met;

(c)   

persons who have not attained the age of 18.”

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(8)   

In subsection (5)(b) after “subsection” insert “(1A)(b) or”.

(9)   

After subsection (5A) insert—

“(5B)   

If a sample is taken under this section from a person in respect of whom

the arrest condition is met no other sample may be taken from him

under this section during the same continuous period of detention

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but—

(a)   

if the charge condition is also met in respect of him at any time

during that period, the sample must be treated as a sample

taken by virtue of the fact that the charge condition is met;

(b)   

the fact that the sample is to be so treated must be recorded in

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the person’s custody record.

(5C)   

Despite subsection (1)(a) above, a sample may be taken from a person

under this section if—

(a)   

he was arrested for an offence (the first offence),

(b)   

the arrest condition is met but the charge condition is not met,

40

(c)   

before a sample is taken by virtue of subsection (1) above he

would (but for his arrest as mentioned in paragraph (d) below)

be required to be released from police detention,

(d)   

he continues to be in police detention by virtue of his having

been arrested for an offence not falling within subsection (1A)

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above, and

 
 

Drugs Bill
Part 2 — Police powers relating to drugs

10

 

(e)   

the sample is taken before the end of the period of 24 hours

starting with the time when his detention by virtue of his arrest

for the first offence began.

(5D)   

A sample must not be taken from a person under this section if he is

detained in a police station unless he has been brought before the

5

custody officer.”

(10)   

For subsection (6A) substitute—

“(6A)   

The Secretary of State may by order made by statutory instrument

amend—

(a)   

paragraph (a) of subsection (3) above, by substituting for the

10

age for the time being specified a different age specified in the

order, or different ages so specified for different police areas so

specified;

(b)   

paragraph (b) of that subsection, by substituting for the age for

the time being specified a different age specified in the order.”

15

(11)   

In subsection (7), after paragraph (a) insert—

“(aa)   

for the purpose of informing any decision about the giving of a

conditional caution under Part 3 of the Criminal Justice Act 2003

to the person concerned;”.

(12)   

Subsection (9) is omitted.

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(13)   

On the day this section comes into force the notification condition must be

treated as being met—

(a)   

for the purposes of the charge condition in relation to a police area, if

subsection (2) of section 63B of PACE is in force immediately before

that day in relation to the police area;

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(b)   

for the purposes of the age condition in relation to a police area or

police station, if before that day notification was given under

subsection (9) of that section in relation to the police area or police

station and was not withdrawn,

   

and “age condition”, “charge condition” and “notification condition” have the

30

same meaning as in section 63B of PACE (as amended by this section).

(14)   

Subsection (13) above does not prevent the Secretary of State withdrawing a

notification which is treated as made by virtue of that subsection.

8       

Extended detention of suspected drug offenders

In section 152 of the Criminal Justice Act 1988 (c. 33) (remand of suspected drug

35

offenders)—

(a)   

in the title leave out “customs”;

(b)   

after subsection (1) insert—

“(1A)   

In subsection (1) the power of a magistrates’ court to remand a

person to customs detention for a period not exceeding 192

40

hours includes power to commit the person to the custody of a

constable to be detained for such a period.”

 
 

Drugs Bill
Part 3 — Assessment of misuse of drugs

11

 

Part 3

Assessment of misuse of drugs

9       

Initial assessment following testing for presence of class A drugs

(1)   

This section applies if—

(a)   

a sample is taken under section 63B of PACE (testing for presence of

5

Class A drug) from a person detained at a police station,

(b)   

an analysis of the sample reveals that a specified Class A drug may be

present in the person’s body,

(c)   

the age condition is met, and

(d)   

the notification condition is met.

10

(2)   

A police officer may, at any time before the person is released from detention

at the police station, require him to attend an initial assessment and remain for

its duration.

(3)   

An initial assessment is an appointment with a suitably qualified person (an

“initial assessor”)—

15

(a)   

for the purpose of establishing whether the person is dependent upon

or has a propensity to misuse any specified Class A drug,

(b)   

if the initial assessor thinks that he has such a dependency or

propensity, for the purpose of establishing whether he might benefit

from further assessment, or from assistance or treatment (or both), in

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connection with the dependency or propensity, and

(c)   

if the initial assessor thinks that he might benefit from such assistance

or treatment (or both), for the purpose of providing him with advice,

including an explanation of the types of assistance or treatment (or

both) which are available.

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(4)   

The age condition is met if the person has attained the age of 18 or such

different age as the Secretary of State may by order made by statutory

instrument specify for the purposes of this section.

(5)   

In relation to a person (“A”) who has attained the age of 18, the notification

condition is met if—

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(a)   

the relevant chief officer has been notified by the Secretary of State that

arrangements for conducting initial assessments for persons who have

attained the age of 18 have been made for persons from whom samples

have been taken (under section 63B of PACE) at the police station in

which A is detained, and

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(b)   

the notice has not been withdrawn.

(6)   

In relation to a person (“C”) who is of an age which is less than 18, the

notification condition is met if—

(a)   

the relevant chief officer has been notified by the Secretary of State that

arrangements for conducting initial assessments for persons of that age

40

have been made for persons from whom samples have been taken

(under section 63B of PACE) at the police station in which C is detained,

and

(b)   

the notice has not been withdrawn.

 
 

Drugs Bill
Part 3 — Assessment of misuse of drugs

12

 

(7)   

In subsections (5) and (6), “relevant chief officer” means the chief officer of

police of the police force for the police area in which the police station is

situated.

10      

Follow-up assessment

(1)   

This section applies if—

5

(a)   

a police officer requires a person to attend an initial assessment and

remain for its duration under section 9(2),

(b)   

the age condition is met, and

(c)   

the notification condition is met.

(2)   

The police officer must, at the same time as he imposes the requirement under

10

section 9(2)—

(a)   

require the person to attend a follow-up assessment and remain for its

duration, and

(b)   

inform him that the requirement ceases to have effect if he is informed

at the initial assessment that he is no longer required to attend the

15

follow-up assessment.

(3)   

A follow-up assessment is an appointment with a suitably qualified person (a

“follow-up assessor”)—

(a)   

for any of the purposes of the initial assessment which were not

fulfilled at the initial assessment, and

20

(b)   

if the follow-up assessor thinks it appropriate, for the purpose of

drawing up a care plan.

(4)   

A care plan is a plan which sets out the nature of the assistance or treatment (or

both) which may be most appropriate for the person in connection with any

dependency upon, or any propensity to misuse, a specified class A drug which

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the follow-up assessor thinks that he has.

(5)   

The age condition is met if the person has attained the age of 18 or such

different age as the Secretary of State may by order made by statutory

instrument specify for the purposes of this section.

(6)   

In relation to a person (“A”) who has attained the age of 18, the notification

30

condition is met if—

(a)   

the relevant chief officer has been notified by the Secretary of State that

arrangements for conducting follow-up assessments for persons who

have attained the age of 18 have been made for persons from whom

samples have been taken (under section 63B of PACE) at the police

35

station in which A is detained, and

(b)   

the notice has not been withdrawn.

(7)   

In relation to a person (“C”) who is of an age which is less than 18, the

notification condition is met if—

(a)   

the relevant chief officer has been notified by the Secretary of State that

40

arrangements for conducting follow-up assessments for persons of that

age have been made for persons from whom samples have been taken

(under section 63B of PACE) at the police station in which C is detained,

and

(b)   

the notice has not been withdrawn.

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Drugs Bill
Part 3 — Assessment of misuse of drugs

13

 

(8)   

In subsections (6) and (7), “relevant chief officer” means the chief officer of

police of the police force for the police area in which the police station is

situated.

11      

Requirements under sections 9 and 10: supplemental

(1)   

This section applies if a person is required to attend an initial assessment and

5

remain for its duration by virtue of section 9(2).

(2)   

A police officer must—

(a)   

inform the person of the time when, and the place at which, the initial

assessment is to take place, and

(b)   

explain that this information will be confirmed in writing.

10

(3)   

A police officer must warn the person that he may be liable to prosecution if he

fails without good cause to attend the initial assessment and remain for its

duration.

(4)   

If the person is also required to attend a follow-up assessment and remain for

its duration by virtue of section 10(2), a police officer must also warn the person

15

that he may be liable to prosecution if he fails without good cause to attend the

follow-up assessment and remain for its duration.

(5)   

A police officer must give the person notice in writing which—

(a)   

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

initial assessment or both an initial assessment and a follow-up

20

assessment (as the case may be),

(b)   

confirms the information given in pursuance of subsection (2), and

(c)   

repeats the warning given in pursuance of subsection (3) and any

warning given in pursuance of subsection (4).

(6)   

The duties imposed by subsections (2) to (5) must be discharged before the

25

person is released from detention at the police station.

(7)   

A record must be made, as part of the person’s custody record, of—

(a)   

the requirement imposed on him by virtue of section 9(2),

(b)   

any requirement imposed on him by virtue of section 10(2),

(c)   

the information and explanation given to him in pursuance of

30

subsection (2) above,

(d)   

the warning given to him in pursuance of subsection (3) above and any

warning given to him in pursuance of subsection (4) above, and

(e)   

the notice given to him in pursuance of subsection (5) above.

(8)   

If a person is given a notice in pursuance of subsection (5), a police officer or a

35

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 initial assessment is to take place, and

(b)   

repeats the warning given in pursuance of subsection (3) and any

40

warning given in pursuance of subsection (4).

12      

Attendance at initial assessment

(1)   

This section applies if a person is required to attend an initial assessment and

remain for its duration by virtue of section 9(2).

 
 

Drugs Bill
Part 3 — Assessment of misuse of drugs

14

 

(2)   

The initial assessor must inform a police officer or a police support officer if the

person—

(a)   

fails to attend the initial 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.

5

(3)   

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

(a)   

he fails to attend an initial 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.

(4)   

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

10

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)   

If a person fails to attend an initial assessment at the specified time and place,

any requirement imposed on him by virtue of section 10(2) ceases to have

effect.

15

(6)   

In this section—

(a)   

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

specified in the notice given to him in pursuance of subsection (5) of

section 11 or, if a further notice specifying a different time has been

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

20

specified in that notice, and

(b)   

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

specified in the notice given to him in pursuance of subsection (5) of

section 11 or, if a further notice specifying a different place has been

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

25

specified in that notice.

(7)   

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

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

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

to 3 months.

30

13      

Arrangements for follow-up assessment

(1)   

This section applies if—

(a)   

a person attends an initial assessment in pursuance of section 9(2), and

(b)   

he is required to attend a follow-up assessment and remain for its

duration by virtue of section 10(2).

35

(2)   

If the initial assessor thinks that a follow-up assessment is not appropriate, he

must inform the person concerned that he is no longer required to attend the

follow-up assessment.

(3)   

The requirement imposed by virtue of section 10(2) ceases to have effect if the

person is informed as mentioned in subsection (2).

40

(4)   

If the initial assessor thinks that a follow-up assessment is appropriate, the

assessor must—

(a)   

inform the person of the time when, and the place at which, the follow-

up assessment is to take place, and

(b)   

explain that this information will be confirmed in writing.

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