The Police and Criminal Evidence Act 1984 (Codes of Practice) (Modification) Order 2001

Article 2

SCHEDULE MODIFICATIONS TO CODES OF PRACTICE

1.  In code C,

(1) after paragraph 1.5, insert the following:

“1.5A If anyone appears to be under the age of 18 then he shall be exempt from drug testing under section 17 of this code in the absence of clear evidence to show that he is older.”; and

(2) after section 16, insert the following:

17    Testing persons for the presence of specified Class A drugs

17

(a) Action

Notes for Guidance

17A  When warning a person who is asked to provide a urine or non-intimate sample in accordance with paragraph 17.1, the following form of words may be used:

• “You do not have to provide a sample, but I must warn you that if you fail or refuse without good cause to do so, you will commit an offence for which you may be imprisoned, or fined, or both.”

17B  A sample has to be sufficient and suitable. A sufficient sample is sufficient in quantity and quality to enable drug testing analysis to take place. A suitable sample is one, which by its nature, is suitable for a particular form of drug analysis.

17C  A prescribed person in paragraph 17.10 is one who is prescribed in regulations made by the Secretary of State under section 63B(6) of the Police and Criminal Evidence Act 1984.

17D  The retention of the sample in paragraph 17.13 allows for the sample to be sent to the Forensic Science Service laboratory for confirmatory testing and analysis if the detainee disputes the test. But such samples, and the information derived from them, may not be subsequently used in the investigation of any offence or in evidence against the persons from whom they were taken.

17E  The trigger offences are: from the Theft Act 1968 — theft, robbery, burglary, aggravated burglary, taking a motor vehicle (or other conveyance) without authority, aggravated vehicle-taking, obtaining property by deception, going equipped for stealing etc.; and from the Misuse of Drugs Act 1971 (but only if committed in respect of a specified Class A drug) — producing and supplying a controlled drug, possessing a controlled drug, possessing a controlled drug with intent to supply.”.

2.  In Code D, after paragraph 5H, insert the following:

“5G  Samples of urine and non-intimate samples taken in accordance with sections 63B and 63C of the Police and Criminal Evidence Act 1984 may not be used for identification purposes in accordance with this code.”.