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(1)Section 64 of the Criminal Justice and Court Services Act 2000 (c. 43) (release on licence etc: drug testing requirements) is amended as follows.
(2)In subsection (1) for paragraph (a) there is substituted—
“(a)the Secretary of State releases from prison a person aged 14 or over on whom a sentence of imprisonment has been imposed,
(aa)a responsible officer is of the opinion—
(i)that the offender has a propensity to misuse specified Class A drugs, and
(ii)that the misuse by the offender of any specified Class A drug caused or contributed to any offence of which he has been convicted, or is likely to cause or contribute to the commission of further offences, and”.
(3)After subsection (4) there is inserted—
“(4A)A person under the age of 17 years may not be required by virtue of this section to provide a sample otherwise than in the presence of an appropriate adult.”
(4)In subsection (5), after paragraph (e) there is inserted “and
(f)a sentence of detention under section 226 or 228 of the Criminal Justice Act 2003,”.
(5)After subsection (5) there is inserted—
“(6)In this section—
“appropriate adult”, in relation to a person aged under 17, means—
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,
a social worker of a local authority social services department, or
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;
“responsible officer” means—
in relation to an offender aged under 18, an officer of a local probation board or a member of a youth offending team;
in relation to an offender aged 18 or over, an officer of a local probation board.”
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