# The Criminal Justice Act 2003 (Commencement No. 5) Order 2004

S.I. 2004/1867 · made 16 July 2004

This Order brings into force on 1st August 2004 section 5 of the Criminal Justice Act 2003 (“the Act”) (drug testing for under-eighteens) within the Cleveland, Greater Manchester, Humberside, Merseyside, metropolitan police district, Nottinghamshire and West Yorkshire police areas. Section 5 amends section 38 (duties of custody officer after charge) and section 63B (testing for presence of Class A drugs) of the Police and Criminal Evidence Act 1984 (“PACE”) (c. 60). Section 5(3)(d) of the Act provides that the amendments made by section 5 to section 63B of PACE apply only where the relevant chief officer has been notified by the Secretary of State that arrangements for the taking of samples under this section from persons who have not attained the age of 18 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a whole, or for the particular police station, in which the person is in police detention; and the notice has not been withdrawn.

Made under: Criminal Justice Act 2003 (Section 336)

PDFs: Printed copy https://openlegislation.uk/criminal-justice-act-2003-commencement-no-5-order-2004/pdf/uksi_20041867_en.pdf

## Introductory text

CRIMINAL LAW, ENGLAND AND WALES
POLICE, ENGLAND AND WALES
Made 16th July 2004
The Secretary of State, in exercise of the powers conferred upon him by section 336(3) and (4) of the Criminal Justice Act 2003, hereby makes the following Order:

## 1 

This Order may be cited as the Criminal Justice Act 2003 (Commencement No. 5) Order 2004.

## 2 

Section 5 of the Criminal Justice Act 2003 (drug testing for under-eighteens) shall come into force on 1st August 2004 within the following police areas:
(a) Cleveland;
(b) Greater Manchester;
(c) Humberside;
(d) Merseyside;
(e) metropolitan police district;
(f) Nottinghamshire; and
(g) West Yorkshire.

## Signature

Caroline Flint
Parliamentary Under-Secretary of State
Home Office
16th July 2004

## Explanatory note

(This note is not part of the Order)
This Order brings into force on 1st August 2004 section 5 of the Criminal Justice Act 2003 (“the Act”) (drug testing for under-eighteens) within the Cleveland, Greater Manchester, Humberside, Merseyside, metropolitan police district, Nottinghamshire and West Yorkshire police areas. Section 5 amends section 38 (duties of custody officer after charge) and section 63B (testing for presence of Class A drugs) of the Police and Criminal Evidence Act 1984 (“PACE”) (c. 60). Section 5(3)(d) of the Act provides that the amendments made by section 5 to section 63B of PACE apply only where the relevant chief officer has been notified by the Secretary of State that arrangements for the taking of samples under this section from persons who have not attained the age of 18 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 the notice has not been withdrawn.

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Source: https://www.legislation.gov.uk/uksi/2004/1867 (the official version)
Page: https://openlegislation.uk/criminal-justice-act-2003-commencement-no-5-order-2004
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.