Published: 02 December 2005
Test on Arrest
The Home Office is reminding people that new powers, to allow police to drug test people arrested for certain trigger offences, have now come into force.
The new measures are part of the Drugs Act 2005, and will be used initially in those police areas with the highest rates of drug-linked crime.
Greater Manchester, South Yorkshire and Nottinghamshire police will be the first to have test on arrest and compulsory drugs assessment. These will be expanded further on 31 March 2006.
For the first time drug-using offenders will be tested for heroin, crack and cocaine on arrest for acquisitive crime offences (e.g., street robbery, burglary).
Those who test positive will then be required to attend a compulsory drug assessment by specialist drugs workers to determine the extent of their drug problem and help them into treatment and other support, even if they are not charged.
Those who fail to provide a sample or comply with a required assessment face a fine of up to £2,500 and/or up to three months in prison.
(Does this mean that a 17 year old could be convicted of a mugging that didn’t involve serious violence and get a community sentence for that offence, but also be convicted of not giving a sample and get a prison term for that offence?)
New restriction on bail provisions will also apply to those subsequently charged. Courts will be able to deny bail unless the offender agrees to a drug assessment - if one hasn't already taken place - plus follow up treatment or support.
Restriction on bail will be rolled out to the whole of England from 31 March 2006 which means that anyone who tests positive will be eligible.
The Government introduced the new powers after consultation with the police and other agencies to reduce further drug related crime by driving more drugs mis-users into drug treatment programmes.
Howard Roberts, Deputy Chief Constable of Nottinghamshire Police and Vice - Chair of the ACPO Drugs Committee said:
"ACPO welcomes the introduction of drug testing on arrest. This will definitely aid the further diversion of even more drug mis-users into treatment.
The Drugs Intervention Programme, supported by greater treatment capacity, has already made a marked difference in helping reduce drug fuelled crime."
The Government has also announced that the Home Office is seeking the views of the police, courts and drugs agencies on the setting of particular thresholds for the possession of controlled drugs.
This is to clarify the point at which the quantity of drugs in a person's possession becomes above and beyond that reasonably held for personal use, and so help the courts to differentiate between possession and intent to supply.
The consultation will run until 3 March 2006.
Further information
Consultation: Thresholds - Drugs Act 2005
Tackling Drugs. Changing Lives
Communication Toolkit 2005
Drugs Act 2005
Drugs Intervention Programme
Drug Intervention Programme Newsletter - November 2005 'Out of Crime, Into Treatment'
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