I11Testing prisoners for psychoactive substances and other substances

1

Section 16A of the Prison Act 1952 (testing prisoners for drugs) is amended in accordance with this section.

2

In the title, after “drugs” insert “ , psychoactive substances and other substances ”.

3

In subsection (1), for “he has any drug in his body” substitute “the prisoner has in their body any—

a

controlled drug,

b

pharmacy medicine,

c

prescription only medicine,

d

psychoactive substance, or

e

specified substance”.

4

After subsection (2) insert—

2A

The Secretary of State may use any prisoners' samples to test, on an anonymised basis, for the prevalence of the following substances in prisons—

a

controlled drugs,

b

medicinal products,

c

psychoactive substances, or

d

specified substances.

5

In subsection (3)—

a

in the definition of “drug”—

i

for “ “drug” means” substitute “ “controlled drug” means ”;

ii

omit “or specified drug”;

b

after the definition of “intimate sample” insert—

“medicinal product” has the meaning given in regulation 2 of the Human Medicines Regulations 2012;

“pharmacy medicine” has the meaning given in regulation 8 of the Human Medicines Regulations 2012;

“prescription only medicine” has the meaning given in regulation 8 of the Human Medicines Regulations 2012;

c

after the definition of “prison rules” insert—

“prisoners' samples” means any sample—

a

provided under subsection (1) or (2), or

b

provided by prisoners voluntarily;

“psychoactive substance” has the same meaning as in the Psychoactive Substances Act 2016;

d

in the definition of “specified drug”, for “ “specified drug” means” substitute “ “specified substance” means ”.