UK new mushroom ban: Bill 17 53/4

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Bill 17 53/4
Drugs Bill
EXPLANATORY NOTES
Explanatory notes to the Bill, prepared by the Home Office, are published separately
as Bill 17—EN.
EUROPEAN CONVENTION ON HUMAN RIGHTS
The Prime Minister has made the following statement under section 19(1)(a) of the
Human Rights Act 1998:
In my view the provisions of the Drugs Bill are compatible with the Convention
rights.
Bill 17 53/4
Drugs Bill
CONTENTS
PART 1
SUPPLY OF CONTROLLED DRUGS
1 Aggravated supply of controlled drug
2 Proof of intention to supply a controlled drug
PART 2
POLICE POWERS RELATING TO DRUGS
3 Drug offence searches: England and Wales
4 Drug offence searches: Northern Ireland
5 X-rays and ultrasound scans: England and Wales
6 X-rays and ultrasound scans: Northern Ireland
7 Testing for presence of class A drugs
8 Extended detention of suspected drug offenders
PART 3
ASSESSMENT OF MISUSE OF DRUGS
9 Initial assessment following testing for presence of class A drugs
10 Follow-up assessment
11 Requirements under sections 9 and 10: supplemental
12 Attendance at initial assessment
13 Arrangements for follow-up assessment
14 Attendance at follow-up assessment
15 Disclosure of information about assessments
16 Samples submitted for further analysis
17 Relationship with Bail Act 1976 etc.
18 Orders under this Part and guidance
19 Interpretation
Drugs Bill iv
PART 4
MISCELLANEOUS AND GENERAL
20 Anti-social behaviour orders: intervention orders
21 Inclusion of mushrooms containing Psilocin etc. as Class A drugs
22 Financial provision
23 Amendments and repeals
24 Short title, commencement and extent
Schedule 1 — Amendments
Schedule 2 — Repeals
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Drugs Bill
Part 1 — Supply of controlled drugs
1
A
B I L L
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.
E IT ENACTED by the Queen’s most Excellent Majesty, by and with the advice and
consent of the Lords Spiritual and Temporal, and Commons, in this present
Parliament assembled, and by the authority of the same, as follows:—
PART 1
SUPPLY OF CONTROLLED DRUGS
1 Aggravated supply of controlled drug
(1) After section 4 of the Misuse of Drugs Act 1971 (c. 38) (restriction on
production and supply of controlled drugs) insert—
“4A Aggravation of offence of supply of controlled drug
(1) This section applies if—
(a) a court is considering the seriousness of an offence under
section 4(3) of this Act, and
(b) at the time the offence was committed the offender had attained
the age of 18.
(2) If either of the following conditions is met the court—
(a) must treat the fact that the condition is met as an aggravating
factor (that is to say, a factor that increases the seriousness of the
offence), and
(b) must state in open court that the offence is so aggravated.
(3) The first condition is that the offence was committed in the vicinity of a
school at a relevant time.
(4) The second condition is that in connection with the commission of the
offence the offender used a courier who, at the time the offence was
committed, was under the age of 18.
B
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(5) In subsection (3), a relevant time is—
(a) any time when a school is in use by persons under the age of 18;
(b) one hour before the start and one hour after the end of any such
time.
(6) The first condition is not met if the offender did not know and could not
reasonably have been expected to know that the school was in use as
mentioned in subsection (5)(a).
(7) For the purposes of subsection (4), a person uses a courier in connection
with an offence under section 4(3) of this Act if he requests another
person (the courier)—
(a) to deliver a controlled drug to a third person, or
(b) to deliver drug related cash to himself or a third person.
(8) For the purposes of subsection (7), drug related cash is cash which—
(a) is obtained in connection with the supply of a controlled drug,
or
(b) is intended to be used to obtain a controlled drug.
(9) In this section—
“cash” includes—
(a) notes and coins in any currency;
(b) postal orders;
(c) cheques of any kind, including travellers cheques;
(d) bankers’ drafts;
(e) bearer bonds and bearer shares;
(f) any other monetary instrument specified by order made
by the Secretary of State;
“school” has the same meaning—
(a) in England and Wales, as in section 4 of the Education
Act 1996;
(b) in Scotland, as in section 135(1) of the Education
(Scotland) Act 1980;
(c) in Northern Ireland, as in Article 2(2) of the Education
and Libraries (Northern Ireland) Order 1986.
(10) The power under subsection (9) to make an order is exercisable by
statutory instrument, and such an order is subject to annulment in
pursuance of a resolution of either House of Parliament.”
(2) Section 4A of the Misuse of Drugs Act 1971 (c. 38) (inserted by subsection (1)
above) does not apply to an offence committed before this section comes into
force.
2 Proof of intention to supply a controlled drug
(1) The Misuse of Drugs Act 1971 is amended as follows.
(2) In section 5 (restriction of possession of controlled drugs), after subsection (4)
insert—
“(4A) In any proceedings for an offence under subsection (3) above, if it is
proved that the accused had an amount of a controlled drug in his
possession which is not less than the prescribed amount, the court or
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jury must assume that he had the drug in his possession with the intent
to supply it as mentioned in subsection (3).
(4B) Subsection (4A) above does not apply if evidence is adduced which is
sufficient to raise an issue that the accused may not have had the drug
in his possession with that intent.
(4C) Regulations under subsection (4A) above have effect only in relation to
proceedings for an offence committed after the regulations come into
force.”
(3) In section 31 (general provisions as to regulations)—
(a) in subsection (2), after “which shall” insert “, except as provided by
subsection (2A),”;
(b) after subsection (2) insert—
“(2A) A statutory instrument containing regulations under section
5(4A) of this Act shall not be made unless a draft of the
instrument has been laid before, and approved by a resolution
of, each House of Parliament.”;
(c) after subsection (4) insert—
“(4A) Subsection (4) does not apply in relation to regulations under
section 5(4A) of this Act.”
(4) In section 38 (special provisions as to Northern Ireland) after subsection (1)
insert—
“(1A) Subsection (1) does not apply, in relation to regulations under section
5(4A) of this Act, to the reference to the Secretary of State in the
definition of “prescribed” in section 37(1) of this Act.”
PART 2
POLICE POWERS RELATING TO DRUGS
3 Drug offence searches: England and Wales
(1) Section 55 of the Police and Criminal Evidence Act 1984 (c. 60) (intimate
searches) is amended as follows.
(2) After subsection (3) insert—
“(3A) A drug offence search shall not be carried out unless the appropriate
consent has been given in writing.
(3B) Where it is proposed that a drug offence search be carried out, an
appropriate officer shall inform the person who is to be subject to it—
(a) of the giving of the authorisation for it; and
(b) of the grounds for giving the authorisation.”
(3) After subsection (10) insert—
“(10A) If the intimate search is a drug offence search, the custody record
relating to that person shall also state—
(a) the authorisation by virtue of which the search was carried out;
(b) the grounds for giving the authorisation; and
(c) the fact that the appropriate consent was given.”
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(4) In subsection (11), for “subsection (10)” substitute “subsections (10) and (10A)”.
(5) After subsection (13) insert—
“(13A) Where the appropriate consent to a drug offence search of any person
was refused without good cause, in any proceedings against that
person for an offence—
(a) the court, in determining whether there is a case to answer;
(b) a judge, in deciding whether to grant an application made by
the accused under paragraph 2 of Schedule 3 to the Crime and
Disorder Act 1998 (applications for dismissal); 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.”
(6) In subsection (17) at the appropriate place insert—
“ “appropriate officer” means—
(a) a constable,
(b) a person who is designated as a detention officer in
pursuance of section 38 of the Police Reform Act 2002 if
his designation applies paragraph 33D of Schedule 4 to
that Act, or
(c) a person who is designated as a staff custody officer in
pursuance of section 38 of that Act if his designation
applies paragraph 35B of Schedule 4 to that Act;”.
4 Drug offence searches: Northern Ireland
(1) Article 56 of the Police and Criminal Evidence (Northern Ireland) Order 1989
(S.I. 1989/1341) (intimate searches) is amended as follows.
(2) After paragraph (3) insert—
“(3A) A drug offence search shall not be carried out unless the appropriate
consent has been given in writing.
(3B) Where it is proposed that a drug offence search be carried out, a
constable shall inform the person who is to be subject to it—
(a) of the giving of the authorisation for it; and
(b) of the grounds for giving the authorisation.”
(3) After paragraph (10) insert—
“(10A) If the intimate search is a drug offence search, the custody record
relating to that person shall also state—
(a) the authorisation by virtue of which the search was carried out;
(b) the grounds for giving the authorisation; and
(c) the fact that the appropriate consent was given.”
(4) In paragraph (11), for “paragraph (10)” substitute “paragraphs (10) and (10A)”.
(5) After paragraph (13) insert—
“(13A) Where the appropriate consent to a drug offence search of any person
was refused without good cause, in any proceedings against that
person for an offence—
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(a) the court, in determining whether to commit the accused for
trial or whether there is a case to answer;
(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
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
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.”
5 X-rays and ultrasound scans: England and Wales
(1) After section 55 (intimate searches) of the Police and Criminal Evidence Act
1984 (c. 60) insert—
“55A X-rays and ultrasound scans
(1) If an officer of at least the rank of inspector has reasonable grounds for
believing that a person who has been arrested for an offence and is in
police detention—
(a) may have swallowed a Class A drug, and
(b) was in possession of it with the appropriate criminal intent
before his arrest,
the officer may authorise that an x-ray is taken of the person or an
ultrasound scan is carried out on the person (or both).
(2) An x-ray must not be taken of a person and an ultrasound scan must
not be carried out on him unless the appropriate consent has been given
in writing.
(3) If it is proposed that an x-ray is taken or an ultrasound scan is carried
out, an appropriate officer must inform the person who is to be subject
to it—
(a) of the giving of the authorisation for it, and
(b) of the grounds for giving the authorisation.
(4) An x-ray may be taken or an ultrasound scan carried out only by a
suitably qualified person and only at—
(a) a hospital,
(b) a registered medical practitioner’s surgery, or
(c) some other place used for medical purposes.
(5) The custody record of the person must also state—
(a) the authorisation by virtue of which the x-ray was taken or the
ultrasound scan was carried out,
(b) the grounds for giving the authorisation, and
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(c) the fact that the appropriate consent was given.
(6) The information required to be recorded by subsection (5) must be
recorded as soon as practicable after the x-ray has been taken or
ultrasound scan carried out (as the case may be).
(7) Every annual report—
(a) under section 22 of the Police Act 1996, or
(b) made by the Commissioner of Police of the Metropolis,
must contain information about x-rays which have been taken and
ultrasound scans which have been carried out under this section in the
area to which the report relates during the period to which it relates.
(8) The information about such x-rays and ultrasound scans must be
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.
(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 there is a case to answer,
(b) a judge, in deciding whether to grant an application made by
the accused under paragraph 2 of Schedule 3 to the Crime and
Disorder Act 1998 (applications for dismissal), 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.
(10) In this section “the appropriate criminal intent”, “appropriate officer”,
“Class A drug” and “suitably qualified person” have the same
meanings as in section 55 above.”
(2) In Schedule 4 to the Police Reform Act 2002 (c. 30)—
(a) after paragraph 33C (inserted by paragraph 7 of Schedule 9 to the
Serious Organised Crime and Police Act 2005) insert—
“33D Where a designation applies this paragraph to any person, he
is authorised to carry out the duty under—
(a) section 55 of the Police and Criminal Evidence Act
1984 of informing a person who is to be subject to an
intimate search under that section of the matters of
which he is required to be informed in pursuance of
subsection (3B) of that section;
(b) section 55A of that Act of informing a person who is
to be subject to x-ray or ultrasound (as the case may
be) under that section of the matters of which he is
required to be informed in pursuance of subsection
(3) of that section.”;
(b) after paragraph 35A (inserted by section 111(5) of the Serious
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Organised Crime and Police Act 2005) insert—
“35B Where a designation applies this paragraph to any person, he
is authorised to carry out the duty under—
(a) section 55 of the Police and Criminal Evidence Act
1984 of informing a person who is to be subject to an
intimate search under that section of the matters of
which he is required to be informed in pursuance of
subsection (3B) of that section;
(b) section 55A of that Act of informing a person who is
to be subject to x-ray or ultrasound (as the case may
be) under that section of the matters of which he is
required to be informed in pursuance of subsection
(3) of that section.”
6 X-rays and ultrasound scans: Northern Ireland
After Article 56 (intimate searches) of the Police and Criminal Evidence
(Northern Ireland) Order 1989 (S.I. 1989/1341) insert—
“56A X-rays and ultrasound scans
(1) If an officer of at least the rank of superintendent has reasonable
grounds for believing that a person who has been arrested for an
offence and is in police detention—
(a) may have swallowed a Class A drug, and
(b) was in possession of it with the appropriate criminal intent
before his arrest,
the officer may authorise that an x-ray is taken of the person or an
ultrasound scan is carried out on the person (or both).
(2) An x-ray must not be taken of a person and an ultrasound scan must
not be carried out on him unless the appropriate consent has been given
in writing.
(3) If it is proposed that an x-ray is taken or an ultrasound scan is carried
out, a constable must inform the person who is to be subject to it—
(a) of the giving of the authorisation for it, and
(b) of the grounds for giving the authorisation.
(4) An x-ray may be taken or an ultrasound scan carried out only by a
suitably qualified person and only at—
(a) a hospital,
(b) a registered medical practitioner’s surgery, or
(c) some other place used for medical purposes.
(5) The custody record of the person must also state—
(a) the authorisation by virtue of which the x-ray was taken or the
ultrasound scan was carried out,
(b) the grounds for giving the authorisation, and
(c) the fact that the appropriate consent was given.
(6) The information required to be recorded by subsection (5) must be
recorded as soon as practicable after the x-ray has been taken or
ultrasound scan carried out (as the case may be).
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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
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.
(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,
(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
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
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.
(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”)
(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
(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
an offence but has not been charged with that offence and either—
(a) the offence is a trigger offence; or
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(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
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;
(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
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
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.”
(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
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
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,
(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)
above, and
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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
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
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.”
(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.
(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;
(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
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 (remand of suspected drug
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
hours includes power to commit the person to the custody of a
constable to be detained for such a period.”
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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
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.
(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”)—
(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
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.
(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—
(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
(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
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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(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—
(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
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
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
(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
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
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
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
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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(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
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.
(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
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
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
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
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
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
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).
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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.
(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
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.
(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
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
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.
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).
(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).
(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 followup
assessment is to take place, and
(b) explain that this information will be confirmed in writing.
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(5) The assessor must also warn the person that, if he fails without good cause to
attend the follow-up assessment and remain for its duration, he may be liable
to prosecution.
(6) The initial assessor must also give the person notice in writing which—
(a) confirms that he is required to attend and remain for the duration of the
follow-up assessment,
(b) confirms the information given in pursuance of subsection (4), and
(c) repeats the warning given in pursuance of subsection (5).
(7) The duties mentioned in subsections (2) and (4) to (6) must be discharged
before the conclusion of the initial assessment.
(8) If a person is given a notice in pursuance of subsection (6), the initial assessor
or another 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 follow-up assessment is to take place, and
(b) repeats the warning mentioned in subsection (5).
14 Attendance at follow-up assessment
(1) This section applies if a person is required to attend a follow-up assessment
and remain for its duration by virtue of section 10(2).
(2) The follow-up assessor must inform a police officer or a police support officer
if the person—
(a) fails to attend the follow-up 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.
(3) A person is guilty of an offence if without good cause—
(a) he fails to attend a follow-up 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
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) 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 (6) of
section 13 or, if a further notice specifying a different time has been
given to him in pursuance of subsection (8) of that section, the time
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 (6) of
section 13 or, if a further notice specifying a different place has been
given to him in pursuance of subsection (8) of that section, the place
specified in that notice.
(6) 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
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offences), the reference in subsection (4) to 51 weeks is to be read as a reference
to 3 months.
15 Disclosure of information about assessments
(1) An initial assessor may disclose information obtained as a result of an initial
assessment to any of the following—
(a) a person who is involved in the conduct of the assessment;
(b) a person who is or may be involved in the conduct of any follow-up
assessment.
(2) A follow-up assessor may disclose information obtained as a result of a followup
assessment to a person who is involved in the conduct of the assessment.
(3) Subject to subsections (1) and (2), information obtained as a result of an initial
or a follow-up assessment may not be disclosed by any person without the
written consent of the person to whom the assessment relates.
(4) Nothing in this section affects the operation of section 17(4).
16 Samples submitted for further analysis
(1) A requirement imposed on a person by virtue of section 9(2) or 10(2) ceases to
have effect if at any time before he has fully complied with the requirement—
(a) a police officer makes arrangements for a further analysis of the sample
taken from him as mentioned in section 9(1)(a), and
(b) the analysis does not reveal that a specified Class A drug was present
in the person’s body.
(2) If a requirement ceases to have effect by virtue of subsection (1), a police officer
must so inform the person concerned.
(3) Nothing in subsection (1) affects the validity of anything done in connection
with the requirement before it ceases to have effect.
(4) If a person fails to attend an assessment which he is required to attend by virtue
of section 9(2) or fails to remain for the duration of such an assessment but, at
any time after his failure, the requirement ceases to have effect by virtue of
subsection (1) above—
(a) no proceedings for an offence under section 12(3) may be brought
against him, and
(b) if any such proceedings were commenced before the requirement
ceased to have effect, those proceedings must be discontinued.
(5) If a person fails to attend an assessment which he is required to attend by virtue
of section 10(2) or fails to remain for the duration of such an assessment but, at
any time after his failure, the requirement ceases to have effect by virtue of
subsection (1) above—
(a) no proceedings for an offence under section 14(3) may be brought
against him, and
(b) if any such proceedings were commenced before the requirement
ceased to have effect, those proceedings must be discontinued.
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17 Relationship with Bail Act 1976 etc.
(1) A requirement imposed on a person by virtue of section 9(2) or 10(2) ceases to
have effect if at any time before he has fully complied with the requirement—
(a) he is charged with the related offence, and
(b) a court imposes on him a condition of bail under section 3(6D) of the
Bail Act 1976 (c. 63) (duty to impose condition to undergo relevant
assessment etc.).
(2) For the purposes of section 3(6D) of the 1976 Act, a relevant assessment (within
the meaning of that Act) is to be treated as having been carried out if—
(a) a person attends an initial assessment and remains for its duration, and
(b) the initial assessor is satisfied that the initial assessment fulfilled the
purposes of a relevant assessment.
(3) For the purposes of paragraph 6B(2)(b) of Schedule 1 to the 1976 Act
(exceptions to right to bail for drug users in certain areas), a person is to be
treated as having undergone a relevant assessment (within the meaning of that
Act) if—
(a) the person attends an initial assessment and remains for its duration,
and
(b) the initial assessor is satisfied that the initial assessment fulfilled the
purposes of a relevant assessment.
(4) An initial assessor may disclose information relating to an initial assessment
for the purpose of enabling a court considering an application for bail by the
person concerned to determine whether subsection (2) or (3) applies.
(5) Nothing in subsection (1) affects—
(a) the validity of anything done in connection with the requirement
before it ceases to have effect, or
(b) any liability which the person may have for an offence under section
12(3) or 14(3) committed before the requirement ceases to have effect.
(6) In subsection (1), “the related offence” is the offence in respect of which the
condition specified in subsection (1A) or (2) of section 63B of PACE is satisfied
in relation to the taking of the sample mentioned in section 9(1)(a) of this Act.
18 Orders under this Part and guidance
(1) A statutory instrument containing an order under section 9(4) or 10(5) must not
be made unless a draft of the instrument has been laid before, and approved by
a resolution of, each House of Parliament.
(2) Any such order may—
(a) make different provision for different police areas;
(b) make such provision as the Secretary of State considers appropriate in
connection with requiring persons who have not attained the age of 18
to attend and remain for the duration of an initial assessment or a
follow-up assessment (as the case may be), including provision
amending this Part.
(3) In exercising any functions conferred by this Part, a police officer and a suitably
qualified person must have regard to any guidance issued by the Secretary of
State for the purposes of this Part.
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19 Interpretation
(1) This section applies for the purposes of this Part.
(2) “Class A drug” and “misuse” have the same meanings as in the Misuse of
Drugs Act 1971 (c. 38).
(3) “Specified”, in relation to a Class A drug, has the same meaning as in Part 3 of
the Criminal Justice and Court Services Act 2000 (c. 43).
(4) “Initial assessment” and “initial assessor” must be construed in accordance
with section 9(3).
(5) “Follow-up assessment” and “follow-up assessor” must be construed in
accordance with section 10(3).
(6) “Suitably qualified person” means a person who has such qualifications or
experience as are from time to time specified by the Secretary of State for the
purposes of this Part.
(7) “Police support officer” means a person who is employed by a police authority
under section 15(1) of the Police Act 1996 (c. 16) and who is under the direction
and control of the chief officer of police of the police force maintained by that
authority.
(8) “PACE” means the Police and Criminal Evidence Act 1984 (c. 60).
PART 4
MISCELLANEOUS AND GENERAL
20 Anti-social behaviour orders: intervention orders
After section 1F of the Crime and Disorder Act 1998 (c. 37) (inserted by section
128 of the Serious Organised Crime and Police Act 2005) insert—
“1G Intervention orders
(1) This section applies if, in relation to a person who has attained the age
of 18, a relevant authority—
(a) makes an application for an anti-social behaviour order or an
order under section 1B above (the behaviour order),
(b) has obtained from an appropriately qualified person a report
relating to the effect on the person’s behaviour of the misuse of
controlled drugs or of such other factors as the Secretary of State
by order prescribes, and
(c) has engaged in consultation with such persons as the Secretary
of State by order prescribes for the purpose of ascertaining that,
if the report recommends that an order under this section is
made, appropriate activities will be available.
(2) The relevant authority may make an application to the court which is
considering the application for the behaviour order for an order under
this section (an intervention order).
(3) If the court—
(a) makes the behaviour order, and
(b) is satisfied that the relevant conditions are met,
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it may also make an intervention order.
(4) The relevant conditions are—
(a) that an intervention order is desirable in the interests of
preventing a repetition of the behaviour which led to the
behaviour order being made (trigger behaviour);
(b) that appropriate activities relating to the trigger behaviour or its
cause are available for the defendant;
(c) that the defendant is not (at the time the intervention order is
made) subject to another intervention order or to any other
treatment relating to the trigger behaviour or its cause (whether
on a voluntary basis or by virtue of a requirement imposed in
pursuance of any enactment);
(d) that the court has been notified by the Secretary of State that
arrangements for implementing intervention orders are
available in the area in which it appears that the defendant
resides or will reside and the notice has not been withdrawn.
(5) An intervention order is an order which—
(a) requires the defendant to comply, for a period not exceeding six
months, with such requirements as are specified in the order,
and
(b) requires the defendant to comply with any directions given by
a person authorised to do so under the order with a view to the
implementation of the requirements under paragraph (a)
above.
(6) An intervention order or directions given under the order may require
the defendant—
(a) to participate in the activities specified in the requirement or
directions at a time or times so specified;
(b) to present himself to a person or persons so specified at a time
or times so specified.
(7) Requirements included in, or directions given under, an intervention
order must, as far as practicable, be such as to avoid—
(a) any conflict with the defendant’s religious beliefs, and
(b) any interference with the times (if any) at which he normally
works or attends an educational establishment.
(8) If the defendant fails to comply with a requirement included in or a
direction given under an intervention order, the person responsible for
the provision or supervision of appropriate activities under the order
must inform the relevant authority of that fact.
(9) The person responsible for the provision or supervision of appropriate
activities is a person of such description as is prescribed by order made
by the Secretary of State.
(10) In this section—
“appropriate activities” means such activities, or activities of such
a description, as are prescribed by order made by the Secretary
of State for the purposes of this section;
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“appropriately qualified person” means a person who has such
qualifications or experience as the Secretary of State by order
prescribes;
“controlled drug” has the same meaning as in the Misuse of Drugs
Act 1971;
“relevant authority” means a relevant authority for the purposes
of section 1 above.
(11) An order under this section may make different provision for different
purposes.
(12) This section and section 1H below apply to a person in respect of whom
a behaviour order has been made subject to the following
modifications—
(a) in subsection (1) above paragraph (a) must be ignored;
(b) in subsection (2) above, for “is considering the application for”
substitute “made”;
(c) in subsection (3) above paragraph (a), the word “and” following
it and the word “also” must be ignored.
1H Intervention orders: explanation, breach, amendment etc.
(1) Before making an intervention order the court must explain to the
defendant in ordinary language—
(a) the effect of the order and of the requirements proposed to be
included in it,
(b) the consequences which may follow (under subsection (3)
below) if he fails to comply with any of those requirements, and
(c) that the court has power (under subsection (5) below) to review
the order on the application either of the defendant or of the
relevant authority.
(2) The power of the Secretary of State under section 174(4) of the Criminal
Justice Act 2003 includes power by order to—
(a) prescribe cases in which subsection (1) does not apply, and
(b) prescribe cases in which the explanation referred to in that
subsection may be made in the absence of the defendant, or may
be provided in written form.
(3) If a person in respect of whom an intervention order is made fails
without reasonable excuse to comply with any requirement included in
the order he is guilty of an offence and liable on summary conviction to
a fine not exceeding level 4 on the standard scale.
(4) If the behaviour order as a result of which an intervention order is made
ceases to have effect, the intervention order (if it has not previously
ceased to have effect) ceases to have effect when the behaviour order
does.
(5) On an application made by—
(a) a person subject to an intervention order, or
(b) the relevant authority,
the court which made the intervention order may vary or discharge it
by a further order.
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(6) An application under subsection (5) made to a magistrates’ court must
be made by complaint.
(7) If the behaviour order as a result of which an intervention order was
made is varied, the court varying the behaviour order may by a further
order vary or discharge the intervention order.
(8) Expressions used in this section and in section 1G have the same
meaning in this section as in that section.”
21 Inclusion of mushrooms containing Psilocin etc. as Class A drugs
In Part 1 of Schedule 2 to the Misuse of Drugs Act 1971 (c. 38) (Class A drugs),
in paragraph 1, insert at the appropriate place—
“Fungus (of any kind) which contains Psilocin or an ester of Psilocin.”
22 Financial provision
There shall be paid out of money provided by Parliament—
(a) any expenditure incurred by the Secretary of State by virtue of this Act, and
(b) any increase attributable to this Act in the sums payable out of money so
provided under any other Act.
23 Amendments and repeals
(1) Schedule 1 (which contains amendments) has effect.
(2) Schedule 2 (which contains repeals) has effect.
24 Short title, commencement and extent
(1) This Act may be cited as the Drugs Act 2005.
(2) This section and section 22 come into force on the day on which this Act is
passed.
(3) Otherwise, this Act comes into force on such day as the Secretary of State may
by order made by statutory instrument appoint.
(4) Different days may be appointed for different purposes.
(5) An order under subsection (3) may make—
(a) any supplementary, incidental or consequential provision, and
(b) any transitory, transitional or saving provision,
as the Secretary of State considers necessary or expedient in connection with
the order.
(6) Subject to subsection (7), this Act (except this section and sections 22 and 23)
extends to England and Wales only.
(7) So far as it amends or repeals any enactment, this Act has the same extent as
the enactment amended or repealed.
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22
SCHEDULE S
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.
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—
(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
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—
“(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
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—
“(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;”.
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Schedule 1 — Amendments
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.
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)
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.”
Criminal Justice Act 2003 (c. 44)
8 In section 5 of the Criminal Justice Act 2003 (drug testing for undereighteens),
subsection (3)(a) is omitted.
SCHEDULE 2 Section 23
REPEALS
Short title and chapter Extent of repeal
Police and Criminal Evidence
Act 1984 (c. 60)
Section 63B(9)
Criminal Justice and Court
Services Act 2000 (c. 43)
Section 57(5)
Criminal Justice and Police Act
2001 (c. 16)
Section 38
Criminal Justice Act 2003 (c. 44) In section 5(3), paragraph (a)
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© 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
LONDON — THE STATIONERY OFFICE LIMITED
Printed in the United Kingdom by
The Stationery Office Limited
£x.xx
xxxbarxxx
A
B I L L
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.

[Alfa]

See how nicely they have 'wrapped' the mushroom ban inbetween the more easely defendable measures, so that it becomes a measure against drugs in general, instead of a carefully weighed decision. As it is right before christmass, you can expect this bill to slip right trough parlament.

[Alfa]

Please sign this pettion to prevent this ban:


http://www.petitiononline.com/DBPF/petition.html

[Ewok]

Signed it. They are just being stupid now...what harm do bloody mushrooms do?

[cyalume]

Originally Posted by Ewok

Signed it. They are just being stupid now...what harm do bloody mushrooms do?

let people think too deeply for there liking i guess. Governments, people, fear thinking without all there thoughts getting filtered through the ego. There is nothing quite like that divine honesty and thought you can experience on so many of the substances that are now illegal

[LookingForHer]

I feel utterly powerless here.

What can I do? Sign a petition that the government will just ignore? Well I signed it.

What can I do to be powerful? The government take our money, so they can pretend to be doing good by screwing us over and taking away our freedom and spirituality, so they can spend it on their mansions and fancy cars, and if we refuse to pay for that via taxes... they get policemen to hit us on the head until we agree.

Wonderful.

What a bunch of evil assholes.

Really I do feel powerless here. And I think the feeling is shared by many. I guess the question is what can we do to be powerful here.

[Bikelbees]

Originally Posted by LookingForHer

I feel utterly powerless here.

What can I do? Sign a petition that the government will just ignore? Well I signed it.

What can I do to be powerful? The government take our money, so they can pretend to be doing good by screwing us over and taking away our freedom and spirituality, so they can spend it on their mansions and fancy cars, and if we refuse to pay for that via taxes... they get policemen to hit us on the head until we agree.

Wonderful.

What a bunch of evil assholes.

Really I do feel powerless here. And I think the feeling is shared by many. I guess the question is what can we do to be powerful here.

Yes even if you had signed it in 2004 I don't think it would have done much good! Better late than never though

[Evil GIR]

To Zim the law is irrelevant, Zim grows his own drugs, they want zim to stop
then they better try taking that spore syringe from his cold dead hand.

Unless you get in power, then there is little you can do.

[Bikelbees]

Originally Posted by Evil GIR

To Zim the law is irrelevant, Zim grows his own drugs, they want zim to stop
then they better try taking that spore syringe from his cold dead hand.

Unless you get in power, then there is little you can do.

Its not irrelevant entirely as SWIY risks their freedom on the whim of law.

Power is in perpetual flux.