161Pre-sentence drug testingE+W
(1)Where a person F1. . . 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by the Secretary of State that the power to make such orders is exercisable by the court and the notice has not been withdrawn.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)F2. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
(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 F3. . . , 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 [F4a person employed for, or engaged on, police purposes; and “police purposes” has the meaning given by section 101(2) of the Police Act 1996] ;
“specified Class A drug” has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000 (c. 43).
Textual Amendments
F1Words in s. 161(1) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 78(a), {Sch. 28 para. Pt. 1} (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)(u)(xxxi)
F2S. 161(7) repealed (30.11.2009) by Criminal Justice and Immigration Act 2008 (c. 4), ss. 6, 149, 153, Sch. 4 para. 78(b), {Sch. 28 para. Pt. 1} (with Sch. 27 paras. 1, 5); S.I. 2009/3074, art. 2(p)(xiii)(u)(xxxi)
F3Words in s. 161(8)(b) repealed (1.4.2005 for E. and 1.4.2006 for W.) by Children Act 2004 (c. 31), ss. 64, 67, Sch. 5 Pt. 4; S.I. 2005/394, art. 2(2)(g); S.I. 2006/885, art. 2(2)(h)
F4Words in s. 161(8)(c) substituted (31.1.2017 for specified purposes, 3.4.2017 in so far as not already in force) by Policing and Crime Act 2017 (c. 3), ss. 79(3), 183(1)(5)(e); S.I. 2017/399, reg. 2, Sch. para. 27