# Police, Public Order and Criminal Justice (Scotland) Act 2006, Section 85: Assessment following positive test under section 20A of the 1995 Act


(1) This section applies where—
(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
(b) an analysis of the sample reveals that a relevant Class A drug is present in the person's body.
(2) A constable must require the person to attend, and remain for the duration of, a drugs assessment.
(3) A drugs assessment is an appointment with a suitably qualified person (“a drugs assessor”)—
(a) for the purpose of establishing whether the person is dependent on, or has a propensity to misuse, any relevant Class A drug;
(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
(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.

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Source: https://www.legislation.gov.uk/asp/2006/10/section/85 (the official version)
Page: https://openlegislation.uk/police-public-order-and-criminal-justice-scotland-act-2006/section-85
Contains public sector information licensed under the Open Government Licence v3.0. Source: legislation.gov.uk, The National Archives.