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Status:
Point in time view as at 01/01/2010. This version of this provision has been superseded.
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The Young Offender Institution Rules 2000, Section 53 is up to date with all changes known to be in force on or before 06 December 2024. 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.
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Compulsory Testing for controlled drugsE+W
53.—(1) This rule applies where an officer, acting under the powers conferred by section 16A of the Prison Act 1952 (power to test inmates for drugs) , requires an inmate to provide a sample for the purposes of ascertaining whether he has any controlled drug in his body.
(2) In this rule “sample" means a sample of urine or any other description of sample specified in the authorisation by the governor for the purposes of section 16A.
(3) When requiring an inmate to provide a sample, an officer shall, so far as is reasonably practicable, inform the inmate:
(a)that he is being required to provide a sample in accordance with section 16A of the Prison Act 1952; and
(b)that a refusal to provide a sample may lead to disciplinary proceedings being brought against him.
(4) An officer shall require an inmate to provide a fresh sample, free from any adulteration.
(5) An officer requiring a sample shall make such arrangements and give the inmate such instructions for its provision as may be reasonably necessary in order to prevent or detect its adulteration or falsification.
(6) An inmate who is required to provide a sample may be kept apart from other inmates for a period not exceeding one hour to enable arrangements to be made for the provision of the sample.
(7) An inmate who is unable to provide a sample of urine when required to do so may be kept apart from other inmates until he has provided the required sample, save that an inmate may not be kept apart under this paragraph for a period of more than five hours.
(8) An inmate required to provide a sample of urine shall be afforded such degree of privacy for the purposes of providing the sample as may be compatible with the need to prevent or detect any adulteration or falsification of the sample; in particular an inmate shall not be required to provide such a sample in the sight of a person of the opposite sex.
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