{
  "url": "https://openlegislation.uk/police-public-order-and-criminal-justice-scotland-act-2006/section-85",
  "json_url": "https://openlegislation.uk/police-public-order-and-criminal-justice-scotland-act-2006/section-85.json",
  "legislation": "asp/2006/10",
  "legislation_title": "Police, Public Order and Criminal Justice (Scotland) Act 2006",
  "legislation_url": "https://openlegislation.uk/police-public-order-and-criminal-justice-scotland-act-2006",
  "path": "section/85",
  "kind": "section",
  "number": "85",
  "heading": "Assessment following positive test under section 20A of the 1995 Act",
  "text": "(1) This section applies where—\n(a) 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\n(b) an analysis of the sample reveals that a relevant Class A drug is present in the person's body.\n(2) A constable must require the person to attend, and remain for the duration of, a drugs assessment.\n(3) A drugs assessment is an appointment with a suitably qualified person (“a drugs assessor”)—\n(a) for the purpose of establishing whether the person is dependent on, or has a propensity to misuse, any relevant Class A drug;\n(b) 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\n(c) 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.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [
    {
      "type": "I",
      "label": "I1",
      "text": "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)"
    }
  ],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2006/10/section/85",
    "retrieved_at": "2026-10-29T20:16:12.377722+00:00"
  },
  "licence": "Open Government Licence v3.0",
  "licence_url": "https://www.nationalarchives.gov.uk/doc/open-government-licence/version/3/",
  "attribution": "Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives."
}