Article 52 Defences to rule 51(9)

It shall be a defence for a prisoner charged with an offence under rule 51(9) to show that F1the controlled drug, pharmacy medicine, prescription only medicine, psychoactive substance or specified substance:

(a)

F2... F3... had been, prior to its administration, lawfully in his possession for his use or was administered to him in the course of a lawful supply of the drug F4, medicine or substance to him by another person;

(b)

F5... F6... was administered by or to him in circumstances in which he did not know and had no reason to suspect that such a drug F7, medicine or substance was being administered; or

(c)

F8... F9... was administered by or to him under duress or to him without his consent in circumstances where it was not reasonable for him to have resisted.

Annotations

Textual amendments

F1: Words in rule 52 inserted (8.12.2021 immediately after 2021 c. 18 comes into force) by The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(6)(a); S.I. 2021/1280, reg. 2
F2: Words in rule 52(a) omitted (8.12.2021 immediately after 2021 c. 18 comes into force) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(6)(b)(i); S.I. 2021/1280, reg. 2
F3: Words in rule 52(a) omitted (8.12.2021) by virtue of Prisons (Substance Testing) Act 2021 (c. 18), ss. 2(3)(d), 3(2); S.I. 2021/1280, reg. 2
F4: Words in rule 52(a) inserted (8.12.2021 immediately after 2021 c. 18 comes into force) by The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(6)(b)(ii); S.I. 2021/1280, reg. 2
F5: Words in rule 52(b) omitted (8.12.2021 immediately after 2021 c. 18 comes into force) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(6)(c)(i); S.I. 2021/1280, reg. 2
F6: Words in rule 52(b) omitted (8.12.2021) by virtue of Prisons (Substance Testing) Act 2021 (c. 18), ss. 2(3)(d), 3(2); S.I. 2021/1280, reg. 2
F7: Words in rule 52(b) inserted (8.12.2021 immediately after 2021 c. 18 comes into force) by The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(6)(c)(ii); S.I. 2021/1280, reg. 2
F8: Words in rule 52(c) omitted (8.12.2021 immediately after 2021 c. 18 comes into force) by virtue of The Prison and Young Offender Institution (Amendment) Rules 2021 (S.I. 2021/1279), rules 1(3), 2(6)(d); S.I. 2021/1280, reg. 2
F9: Words in rule 52(c) omitted (8.12.2021) by virtue of Prisons (Substance Testing) Act 2021 (c. 18), ss. 2(3)(d), 3(2); S.I. 2021/1280, reg. 2