Part III Dealing with offenders

Chapter II Miscellaneous

Release of prisoners on licence etc.

I1C1C3C264 Release on licence etc: drug testing requirements.

1

This section applies where—

a

the Secretary of State releases from prison a person aged 18 or over on whom a sentence of imprisonment has been imposed F5...

b

the release is subject to conditions (whether conditions of a licence or any other conditions, however expressed) F4, and

c

the Secretary of State is satisfied of the matters in subsection (1A).

F31A

Those matters are—

a

that the misuse by the person of a specified class A drug or a specified class B drug caused or contributed to an offence of which the person has been convicted or is likely to cause or contribute to the commission of further offences by the person, and

b

that the person is dependent on, or has a propensity to misuse, a specified class A drug or a specified class B drug.

2

For the purpose of determining whether the person is complying with any of the conditions F7mentioned in subsection (1)(b), they may include the following requirement.

3

The requirement is that the person must provide, when instructed to do so by an officer of a local probation board F1, an officer of a provider of probation services or a person authorised by the Secretary of State, any sample mentioned in the instruction for the purpose of ascertaining whether he has any specified Class A drug F6or specified Class B drug in his body.

4

The function of giving such an instruction is to be exercised in accordance with guidance given from time to time by the Secretary of State; and F8rules made by the Secretary of State may regulate the provision of samples in pursuance of such an instruction.

5

In this section, “sentence of imprisonment” includes—

a

a detention and training order,

b

a sentence of detention in a young offender institution,

c

a sentence of detention under section 90 of the Powers of Criminal Courts (Sentencing) Act 2000 F10or section 259 of the Sentencing Code (detention at Her Majesty’s pleasure),

d

a sentence of detention under section 91 of that Act F11or section 250 F12or 252A of that Code (detention of offenders under 18 convicted of certain serious offences),

e

a sentence of custody for life under section 93 or 94 of that Act F9or section 272 or 275 of that Code,

F2g

a sentence of detention under section 209 or 218 of the Armed Forces Act 2006, and

h

an order under section 211 of that Act,

and “prison” shall be construed accordingly.