Police, Public Order and Criminal Justice (Scotland) Act 2006

88 Failure to comply with requirements under sections 85 and 86

(1) The drugs assessor must inform a constable if a person who, by virtue of section 85(2), is required to attend and remain for the duration of a drugs assessment—

(a) fails to comply with the requirement imposed by virtue of section 86(2)(b);

(b) fails to attend the assessment on the specified date and at the specified time and place; or

(c) attends the assessment on the specified date and at the specified time and place but fails to remain for its duration.

(2) A person who, by virtue of section 85(2), is required to attend and remain for the duration of a drugs assessment commits an offence if without reasonable excuse the person—

(a) fails to comply with the requirement imposed by virtue of section 86(2)(b);

(b) fails to attend the assessment on the specified date and at the specified time and place; or

(c) attends the assessment on the specified date and at the specified time or place but fails to remain for its duration.

(3) A person who commits an offence under subsection (2) is liable on summary conviction to—

(a) imprisonment for a period not exceeding 3 months;

(b) a fine not exceeding level 4 on the standard scale; or

(c) both.

(4) In this section—

(a) the specified date, in relation to a drugs assessment, is the date specified in the notice given to the person who is required to attend the assessment in pursuance of subsection (2) of section 87 or, if a further notice specifying a different date has been given to the person in pursuance of subsection (3) of that section, the date specified in that notice;

(b) the specified time, in relation to a drugs assessment, is the time specified in the notice given to the person who is required to attend the assessment in pursuance of subsection (2) of section 87 or, if a further notice specifying a different time has been given to the person in pursuance of subsection (3) of that section, the time specified in that notice; and

(c) the specified place, in relation to a drugs assessment, is the place specified in the notice given to the person who is required to attend the assessment in pursuance of section 86(2) or, if a further notice specifying a different place has been given to the person in pursuance of section 87(3), the place specified in that notice.