Drugs Bill

House of Commons

Session 2004 - 05
Internet Publications
Other Bills before Parliament

Drugs Bill

Drugs Bill
Part 2 — Police powers relating to drugs
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(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
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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.
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(10)
In this Article “the appropriate criminal intent”, “Class A drug” and
“suitably qualified person” have the same meanings as in Article 56
above.”
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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
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(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
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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
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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
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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,
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(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
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(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
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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
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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.”
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(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
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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.
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Extended detention of suspected drug offenders
In section 152 of the Criminal Justice Act 1988 (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
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Part 3
Assessment of misuse of drugs
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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.
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(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”)—
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(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
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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
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(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
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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
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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
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(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
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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
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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
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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
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(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.
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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.
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(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
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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
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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
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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
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warning given in pursuance of subsection (4).
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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
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(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.
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(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.
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(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
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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
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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.
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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).
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(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).
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(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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