Part III Dealing with offenders

Chapter II Miscellaneous

Release of prisoners on licence etc.

I164 Release on licence etc: drug testing requirements.

1

This section applies where—

a

the Secretary of State releases from prison a person aged 18 or over on whom a sentence of imprisonment has been imposed for a trigger offence, and

b

the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed).

2

For the purpose of determining whether the person is complying with any of the conditions, they may include the following requirement.

3

The requirement is that the person must provide, when instructed to do so by an officer of a local probation board or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug in his body.

4

The function of giving such an instruction is to be exercised in accordance with guidance given from time to time by the Secretary of State; and regulations made by the Secretary of State may regulate the provision of samples in pursuance of such an instruction.

5

In this section, “sentence of imprisonment” includes—

a

a detention and training order,

b

a sentence of detention in a young offender institution,

c

a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 (detention at Her Majesty’s pleasure),

d

a sentence of detention under section 91 of that Act (detention of offenders under 18 convicted of certain serious offences),

e

a sentence of custody for life under section 93 or 94 of that Act,

and “prison” shall be construed accordingly.