Section 183 Testing of persons in police detention for presence of controlled drugsI1

England and Wales

(1)

The Police and Criminal Evidence Act 1984 is amended as set out in subsections (2) to (4) .

(2)

In section 63B (testing for presence of Class A drugs), for “Class A” (in each place it appears, including the heading) substitute “controlled”.

(3)

In section 63C (testing for presence of Class A drugs: supplementary)—

(a)

in the heading, for “Class A” substitute “controlled”;

(b)

for subsection (6) substitute—

“(6)

In section 63B—

(a)

“misuse” has the same meaning as in the Misuse of Drugs Act 1971;

(b)

“specified controlled drug” means a controlled drug (within the meaning of the Misuse of Drugs Act 1971) specified in regulations made by the Secretary of State by statutory instrument;

(c)

“trigger offence” means an offence specified in Schedule 2B.

(7)

In Schedule 2B, “specified controlled drug” has the same meaning as in section 63B.

(8)

The Secretary of State may by regulations made by statutory instrument amend Schedule 2B.

(9)

Regulations under this section—

(a)

may make different provision for different purposes or different areas, and

(b)

may make transitional, transitory or saving provision.

(10)

A statutory instrument containing regulations under subsection (8) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(11)

Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.”

(4)

After Schedule 2A insert the Schedule set out in Schedule 20 to this Act.

(5)

In Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions), in Part 1 (defendants accused or convicted of imprisonable offences), in paragraph 6B(1)(b)(i), for “Class A” substitute “controlled”.

(6)

In the Criminal Justice and Court Services Act 2000—

(a)

in section 70 (interpretation, etc)—

(i)

in subsection (1), omit the definition of “trigger offence”;

(ii)

omit subsections (2) and (4);

(b)

in section 76 (subordinate legislation), in subsection (5)(a), for “, 57(5) or 70(2)” substitute “or 57(5)”;

(c)

omit Schedule 6 (trigger offences).

Annotations

Commencement

I1: S. 183 in force at Royal Assent for specified purposes, see s. 255(2)(f)