Part 3Criminal justice
Arrested persons: drug testing and reference for assessment
88Failure to comply with requirements under sections 85 and 86
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—
a
fails to comply with the requirement imposed by virtue of section 86(2)(b);
b
fails to attend the assessment on the specified date and at the specified time and place; or
c
attends the assessment on the specified date and at the specified time and place but fails to remain for its duration.
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—
a
fails to comply with the requirement imposed by virtue of section 86(2)(b);
b
fails to attend the assessment on the specified date and at the specified time and place; or
c
attends the assessment on the specified date and at the specified time or place but fails to remain for its duration.
3
A person who commits an offence under subsection (2) is liable on summary conviction to—
a
imprisonment for a period not exceeding 3 months;
b
a fine not exceeding level 4 on the standard scale; or
c
both.
4
In this section—
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;
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
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.