Section 85 Assessment following positive test under section 20A of the 1995 ActI1
This section applies where—
a sample is provided or taken under section 20A of the 1995 Act by or from a person in custody in a police station; and
an analysis of the sample reveals that a relevant Class A drug is present in the person's body.
A constable must require the person to attend, and remain for the duration of, a drugs assessment.
A drugs assessment is an appointment with a suitably qualified person (“a drugs assessor”)—
for the purpose of establishing whether the person is dependent on, or has a propensity to misuse, any relevant Class A drug;
if the drugs assessor thinks that the person has such a dependency or propensity, for the purpose of establishing whether the person might benefit from assistance or treatment (or both) in connection with the dependency or propensity; and
if the drugs assessor thinks that the person might benefit from such assistance or treatment (or both), for the purpose of drawing up a document which sets out the nature of assistance or treatment (or both) which may be most appropriate for the person in connection with any dependency on, or propensity to misuse, a relevant Class A drug which the drugs assessor thinks the person has.
Annotations
Commencement
- I1
S. 85 wholly in force at 12.6.2007; s. 85 not in force at Royal Assent see s. 104; s. 85(3) in force at 1.1.2007 by S.S.I. 2006/607, art. 3, Sch; s. 85(1)(2) in force at 12.6.2007 by S.S.I. 2007/84, art. 3(4)(b)