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The Criminal Justice Act 2003 (Commencement No. 11) Order 2005
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- UK Statutory Instruments
- 2005 No. 3055 (C. 130)
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Explanatory Note
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This Order brings section 5 (drug testing for under-eighteens) of the Criminal Justice Act 2003 (“the 2003 Act”) into force on 1st December 2005 to the extent to which it is not already in force. Section 5 of the 2003 Act amends section 38 and section 63B of the Police and Criminal Evidence Act 1984 (“PACE”) (c. 60). Section 5(3)(d) of the 2003 Act provides that the amendments made by section 5 to section 63B of PACE apply only where 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a whole, or for the particular police station, in which the person is in police detention and the notice has not been withdrawn. Sections 38 and 63B of PACE as amended by section 5 of the 2003 Act will be amended by the Drugs Act 2005 (c. 17).
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