Criminal Justice Act 2003

Valid from 01/08/2004

5 Drug testing for under-eighteens E+W

(1) The 1984 Act is amended as follows.

(2) In section 38 (duties of custody officer after charge)—

(a) in subsection (1)—

(i) for sub-paragraph (iiia) of paragraph (a) there is substituted—

“(iiia) except in a case where (by virtue of subsection (9) of section 63B below) that section does not apply, the custody officer has reasonable grounds for believing that the detention of the person is necessary to enable a sample to be taken from him under that section;”,

(ii) in sub-paragraph (i) of paragraph (b), after “satisfied” there is inserted “ (but, in the case of paragraph (a)(iiia) above, only if the arrested juvenile has attained the minimum age) ”,

(b) in subsection (6A), after the definition of “local authority accommodation” there is inserted—

““minimum age” means the age specified in section 63B(3) below;”.

(3) In section 63B (testing for presence of Class A drugs)—

(a) in subsection (3), for “18” there is substituted “ 14 ”,

(b) after subsection (5) there is inserted—

“(5A) In the case of a person who has not attained the age of 17—

(a) the making of the request under subsection (4) above;

(b) the giving of the warning and (where applicable) the information under subsection (5) above; and

(c) the taking of the sample,

may not take place except in the presence of an appropriate adult.”,

(c) after subsection (6) there is inserted—

“(6A) The Secretary of State may by order made by statutory instrument amend subsection (3) above by substituting for the age for the time being specified a different age specified in the order.

(6B) A statutory instrument containing an order under subsection (6A) above shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.”,

(d) after subsection (8) there is inserted—

“(9) In relation to a person who has not attained the age of 18, this section applies only where—

(a) the relevant chief officer has been notified by the Secretary of State that arrangements for the taking of samples under this section from persons who have not attained the age of 18 have been made for the police area as a whole, or for the particular police station, in which the person is in police detention; and

(b) the notice has not been withdrawn.

(10) In this section—

“appropriate adult”, in relation to a person who has not attained 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; or

(b) a social worker of a local authority social services department; 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;

“relevant chief officer” means—

(a) in relation to a police area, the chief officer of police of the police force for that police area; or

(b) in relation to a police station, the chief officer of police of the police force for the police area in which the police station is situated.”

Commencement Information

I1 S. 5 partly in force; s. 5 not in force at Royal Assent, see s. 336(3); s. 5 in force for certain purposes at 1.8.2004 by S.I. 2004/1867, art. 2