{
  "url": "https://openlegislation.uk/police-public-order-and-criminal-justice-scotland-act-2006/section-88",
  "json_url": "https://openlegislation.uk/police-public-order-and-criminal-justice-scotland-act-2006/section-88.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/88",
  "kind": "section",
  "number": "88",
  "heading": "Failure to comply with requirements under sections 85 and 86",
  "text": "(1) The drugs assessor must inform a constable if a person who, by virtue of section 85(2), is required to attend and remain for the duration of a drugs assessment—\n(a) fails to comply with the requirement imposed by virtue of section 86(2)(b);\n(b) fails to attend the assessment on the specified date and at the specified time and place; or\n(c) attends the assessment on the specified date and at the specified time and place but fails to remain for its duration.\n(2) A person who, by virtue of section 85(2), is required to attend and remain for the duration of a drugs assessment commits an offence if without reasonable excuse the person—\n(a) fails to comply with the requirement imposed by virtue of section 86(2)(b);\n(b) fails to attend the assessment on the specified date and at the specified time and place; or\n(c) attends the assessment on the specified date and at the specified time or place but fails to remain for its duration.\n(3) A person who commits an offence under subsection (2) is liable on summary conviction to—\n(a) imprisonment for a period not exceeding 3 months;\n(b) a fine not exceeding level 4 on the standard scale; or\n(c) both.\n(4) In this section—\n(a) the specified date, in relation to a drugs assessment, is the date specified in the notice given to the person who is required to attend the assessment in pursuance of subsection (2) of section 87 or, if a further notice specifying a different date has been given to the person in pursuance of subsection (3) of that section, the date specified in that notice;\n(b) the specified time, in relation to a drugs assessment, is the time specified in the notice given to the person who is required to attend the assessment in pursuance of subsection (2) of section 87 or, if a further notice specifying a different time has been given to the person in pursuance of subsection (3) of that section, the time specified in that notice; and\n(c) the specified place, in relation to a drugs assessment, is the place specified in the notice given to the person who is required to attend the assessment in pursuance of section 86(2) or, if a further notice specifying a different place has been given to the person in pursuance of section 87(3), the place specified in that notice.",
  "extent": null,
  "status": null,
  "version": "current",
  "annotations": [],
  "outstanding_effects": [],
  "provenance": {
    "source": "legislation.gov.uk",
    "source_url": "https://www.legislation.gov.uk/asp/2006/10/section/88",
    "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."
}