Section 185 Power to take additional sampleI1

England and Wales Not yet in force

(1)

Section 63B of the Police and Criminal Evidence Act 1984 (testing for presence of drugs) is amended as follows.

(2)

In subsection (1), at the end insert—

“(d)

either a sample has not been taken from the person under this section during the period of the person’s detention or the additional sample condition is met.”

(3)

In subsections (1A)(b) and (2)(b), for “sample to be taken” substitute “taking of samples in accordance with this section”.

(4)

Before subsection (5) insert—

“(4C)

The additional sample condition is that one sample (only) has been taken from the person under this section during the period of the person’s detention but—

(a)

it was not suitable for the same means of analysis, or

(b)

it proved insufficient.”

(5)

In subsection (5)—

(a)

in the words before paragraph (a), after “must” insert “, if no sample has been taken from the person under this section during the period of the person’s detention”;

(b)

in paragraph (a), for “to do so” substitute “to give any sample which may be taken under this section”.

(6)

In subsection (5B)—

(a)

in the words before paragraph (a), omit the words from “no” to “but”;

(b)

in paragraph (a), for “that period” substitute “the same continuous period of detention”.

Annotations

Commencement

I1: S. 185 not in force at Royal Assent, see s. 255(1)