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Changes over time for: Cross Heading: Pre-sentence drug testing


Timeline of Changes
This timeline shows the different points in time where a change occurred. The dates will coincide with the earliest date on which the change (e.g an insertion, a repeal or a substitution) that was applied came into force. The first date in the timeline will usually be the earliest date when the provision came into force. In some cases the first date is 01/02/1991 (or for Northern Ireland legislation 01/01/2006). This date is our basedate. No versions before this date are available. For further information see the Editorial Practice Guide and Glossary under Help.
Version Superseded: 31/01/2017
Status:
Point in time view as at 06/04/2010.
Changes to legislation:
Criminal Justice Act 2003, Cross Heading: Pre-sentence drug testing is up to date with all changes known to be in force on or before 04 March 2025. There are changes that may be brought into force at a future date. Changes that have been made appear in the content and are referenced with annotations.

Changes to Legislation
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Pre-sentence drug testingE+W
161Pre-sentence drug testingE+W
(1)Where a person . . . is convicted of an offence and the court is considering passing a community sentence or a suspended sentence, it may make an order under subsection (2) for the purpose of ascertaining whether the offender has any specified Class A drug in his body.
(2)The order requires the offender to provide, in accordance with the order, samples of any description specified in the order.
(3)Where the offender has not attained the age of 17, the order must provide for the samples to be provided in the presence of an appropriate adult.
(4)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.
(5)In subsection (4) “level 4” means the amount which, in relation to a fine for a summary offence, is level 4 on the standard scale.
(6)The court may not make an order under subsection (2) 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by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.
(7). . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(8)In this section—
“appropriate adult”, in relation to a person under the age of 17, means—
(a)
his parent or guardian or, if he is in the care of a local authority or voluntary organisation, a person representing that authority or organisation,
(b)
a social worker of a local authority . . . , or
(c)
if no person falling within paragraph (a) or (b) is available, any responsible person aged 18 or over who is not a police officer or a person employed by the police;
“specified Class A drug” has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000 (c. 43).
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