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.