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Explanatory note

Original text. Later amendments are not shown.

(This note is not part of the Order)

This Order specifies Class A drugs for the purposes of Part 3 of the Criminal Justice and Court Services Act 2000 (c. 43) (“the 2000 Act”).

Article 2 specifies the Class A drugs for which offenders who are subject to a drug testing licence condition, upon release from prison, can be tested (under section 64 of the 2000 Act). Specifically, the substances and products specified in paragraphs 1 to 5 of Part 1 (Class A drugs) of Schedule 2 to the Misuse of Drugs Act 1971 (c. 38), on the date this order enters into force (2nd August 2023), are “specified Class A drugs” for that purpose.

Additionally, as a consequence of other legislation relying on the definition of “specified Class A drug” in Part 3 of the 2000 Act, Article 2 also has the effect of setting out the Class A drugs for which:

  • testing in police detention may be carried out (under section 63B of the Police and Criminal Evidence Act 1984 (c. 60)),

  • persons may be required to attend assessments of their drug misuse following testing in police detention (under Part 3 of the Drugs Act 2005 (c. 17)),

  • persons may be required to attend an assessment and/or follow up assessment relating to their drug dependency or misuse as a condition of bail (under section 3(6D) of the Bail Act 1976 (c. 63)),

  • pre-sentence drug testing requirements may be imposed (under section 34A of the Sentencing Act 2020 (c. 17) (which is not yet commenced)),

  • offenders may be tested when they are subject to post sentence supervision requirements (under section 256D of the Criminal Justice Act 2003 (c. 44)); and

  • testing measures which may be imposed in respect of Terrorism Prevention and Investigation Measure subjects (under paragraph 10ZB of Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011 (c. 23)).

Article 3 of this Order revokes the Criminal Justice (Specified Class A Drugs) Order 2001 (S.I. 2001/1816), the provisions of which are re-enacted, with amendments, by this Order.

A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector and community bodies is available from www.legislation.gov.uk. A hard copy can be obtained by writing to the Drugs Misuse Unit of the Home Office at 2 Marsham Street, London, SW1P 4DF.