Breakdown of the Drugs Bill

Breakdown of the Bill (HC Bill 17)

 

Clause 1: Aggravated supply of controlled drug. This clause inserts a new section 4A into the Misuse of Drugs Act 1971 and stipulates the circumstances which a court must treat as aggravating factors in respect of the offence of supply of a controlled drug. It also covers the supply of drugs near a school.

 

Clause 2: Proof of intention to supply a controlled drug. It is an offence under the Misuse of Drugs Act 1971 to possess a controlled drug with intent to supply it to another. This clause in amends section 5 to create a presumption of intent to supply where the defendant is found to be in possession of a particular amount of controlled drugs.

 

Clause 3: Drug offence searches. This clause amends section 55 of the Police and Criminal Evidence Act 1984, which provides for an intimate search of a person where it is suspected that the person may have a Class A drug concealed on him.

 

Clause 4: Drug offence searches: Northern Ireland. Clause 4 makes provision equivalent to clause 3 for Northern Ireland.

 

Clause 5: X-rays and ultrasound scans: England and Wales.  This clause enables a police officer to authorise an x-ray or ultrasound scan (or both) of a person suspected of swallowing a Class A drug, where the person has been arrested for an offence and is in police detention.

 

Clause 6: X-rays and ultrasounds scans: Northern Ireland. Clause 6 makes provision equivalent to Clause 5 for Northern Ireland.

 

Clause 7: Testing for presence of class A drugs. This clause makes a number of amendments to the Police and Criminal Evidence Act 1984 (PACE) to allow for the introduction of drug testing of persons after arrest. The existing provisions for testing after charge remain. The new provision will apply to persons aged 18 and over.

 

Clause 8: Extended detention of suspected drug offenders. This clause will allow a court to remand a prisoner to the custody of a police officer where it is suspected that the prisoner has swallowed drugs to conceal evidence and avoid prosecution. Currently the police may detain a person in police detention under the Police and Criminal Evidence Act 1984 for a maximum of 96 hours prior to charge. This is not necessarily a sufficient period of time for swallowed evidence to be recovered.

 

Clause 9: Initial assessment following testing for the presence of class A drugs. This clause introduces a new discretionary power for the police to require persons who have tested positive for a specified class A drug under to attend an initial assessment of their drug misuse.

 

Clause 10: Follow-up assessment. This clause provides that a police officer must, when imposing a requirement to attend an initial assessment under clause 9, also require the person to attend a follow-up assessment and must inform the person that this second requirement will cease to have effect if he is informed at the initial assessment that he is no longer required to attend the follow-up assessment.

 

Clause 11: Requirements under sections 9 and 10: supplemental. This clause imposes a number of obligations on police officers where they require a person to attend an initial assessment under clause 9, or both an initial assessment and a follow-up assessment under clause 10.

 

Clause 12: Attendance at initial assessment. This clause places a duty on the person conducting the initial assessment to inform the police if the person concerned fails to attend or remain for the duration of that assessment.

 

Clause 13: Arrangements for follow-up assessment. This clause sets out the arrangements for a follow-up assessment.

 

Clause 14: Attendance at follow-up assessment. This clause places a duty on the person conducting the follow-up assessment to inform the police if the person concerned fails to attend or remain for the duration of that assessment.

 

Clause 15: Disclosure of information about assessments. This clause provides that information obtained as a result of the initial assessment or follow-up assessment may not be disclosed without the written consent of the person concerned except in the case of information sharing with those involved in the conduct of the initial assessment and follow-up assessment.

 

Clause 16: Samples submitted for further analysis. This clause provides that a person will no longer be required to attend an initial or follow-up assessment if, before he attends that assessment, a further analysis of the sample taken reveals that it was negative.

 

Clause 17: Relationship with the Bail Act 1976 etc. This clause provides that a requirement to attend either an initial assessment or a follow-up assessment ceases to have effect if, before he has complied with the requirement in question, the person is charged with the offence in respect of which the drug test was taken and is granted bail by a court on the condition that he undergo a relevant assessment and/or participate in follow-up under the Bail Act 1976.

 

Clause 18: Orders under this Part and guidance. This clause provides that an order made by the secretary of state amending the age at which persons may be required to attend an initial assessment and a follow-up assessment may make provision where appropriate in respect of persons under the age of eighteen, may make different provision for different police areas and must be approved in draft by both Houses of Parliament.

 

Clause 19: Interpretation. This clause defines a number of terms that are used in Part 3 of the Bill.

 

Clause 20: Intervention Order. This clause amends the Crime and Disorder Act 1998 (the "CDA") in relation to Anti-social Behaviour Orders (ASBOs) and provides for a new order which can be made alongside an ASBO when drug misuse has been a cause of the behaviour that led to the ASBO being made.

 

Clause 21: Inclusion of mushrooms containing Psilocin etc. as Class A drugs. This clause inserts into Part 1 of Schedule 2 to the Misuse of Drugs Act 1971 a fungus of any kind that contains the drug Psilocin or an ester of that drug.

 

Clause 22: Financial provision. This clause authorises additional expenditure incurred by the secretary of state as a result of the provisions of the Bill and increases in expenditure under existing Acts.

 

Clause 23: Amendments and repeals. This clause gives effect to the schedules which set out legislation to be amended and repealed.