In Chapter I of Part IV of the M1Powers of Criminal Courts (Sentencing) Act 2000, after section 36 there is inserted—

“36A Pre-sentence drug testing.

(1)

Where a person aged 18 or over is convicted of an offence and the court is considering passing a community sentence, it may make an order under subsection (2) below for the purpose of ascertaining whether the offender has any specified Class A drug in his body.

(2)

The order shall require the offender to provide, in accordance with the order, samples of any description specified in the order.

(3)

If it is proved to the satisfaction of the court that the offender has, without reasonable excuse, failed to comply with the order it may impose on him a fine of an amount not exceeding level 4.

In this subsection, “level 4” means the amount which, in relation to a fine for a summary offence, is level 4 on the standard scale.

(4)

The court shall not make an order under subsection (2) above unless it has been notified by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.”