- Latest available (Revised)
- Original (As enacted)
The term provision is used to describe a definable element in a piece of legislation that has legislative effect – such as a Part, Chapter or section. A version of a provision is prospective either:
Commencement Orders listed in the ‘Changes to Legislation’ box as not yet applied may bring this prospective version into force.
There are outstanding changes not yet made by the legislation.gov.uk editorial team to Drugs Act 2005. Any changes that have already been made by the team appear in the content and are referenced with annotations.
Revised legislation carried on this site may not be fully up to date. Changes and effects are recorded by our editorial team in lists which can be found in the ‘Changes to Legislation’ area. Where those effects have yet to be applied to the text of the legislation by the editorial team they are also listed alongside the legislation in the affected provisions. Use the ‘more’ link to open the changes and effects relevant to the provision you are viewing.
This section lists the commencement orders yet to be applied to the whole Act. These effects are included in this view as they may be (but won’t necessarily be) relevant to the specific provision that you are viewing. Where applicable the commencement orders are listed under two headings, firstly those that bring some part of the Act you are viewing into force and secondly, those that bring into force legislation that affects some part of the legislation you are viewing. If you are viewing a prospective version or there is a prospective version available there may be commencement orders listed here that are relevant to the provision you are viewing.
(1)Article 56 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341) (intimate searches) is amended as follows.
(2)After paragraph (3) insert—
“(3A)A drug offence search shall not be carried out unless the appropriate consent has been given in writing.
(3B)Where it is proposed that a drug offence search be carried out, a constable shall inform the person who is to be subject to it—
(a)of the giving of the authorisation for it; and
(b)of the grounds for giving the authorisation.”
(3)After paragraph (10) insert—
“(10A)If the intimate search is a drug offence search, the custody record relating to that person shall also state—
(a)the authorisation by virtue of which the search was carried out;
(b)the grounds for giving the authorisation; and
(c)the fact that the appropriate consent was given.”
(4)In paragraph (11), for “paragraph (10)” substitute “ paragraphs (10) and (10A) ”.
(5)After paragraph (13) insert—
“(13A)Where the appropriate consent to a drug offence search of any person was refused without good cause, in any proceedings against that person for an offence—
(a)the court, in determining whether to commit the accused for trial or whether there is a case to answer;
(b)a judge, in deciding whether to grant an application made by the accused under—
(i)Article 5 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (application for dismissal of charges where a case of fraud has been transferred from a magistrates' court to the Crown Court under Article 3 of that Order); or
(ii)paragraph 4 of Schedule 1 to the Children's Evidence (Northern Ireland) Order 1995 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under Article 4 of that Order); and
(c)the court or jury, in determining whether that person is guilty of the offence charged,
may draw such inferences from the refusal as appear proper.”
Geographical Extent: Indicates the geographical area that this provision applies to. For further information see ‘Frequently Asked Questions’.
Show Timeline of Changes: See how this legislation has or could change over time. Turning this feature on will show extra navigation options to go to these specific points in time. Return to the latest available version by using the controls above in the What Version box.
Text created by the government department responsible for the subject matter of the Act to explain what the Act sets out to achieve and to make the Act accessible to readers who are not legally qualified. Explanatory Notes were introduced in 1999 and accompany all Public Acts except Appropriation, Consolidated Fund, Finance and Consolidation Acts.
Click 'View More' or select 'More Resources' tab for additional information including: