Commentary on Sections

Part Three: Criminal Justice

Arrested persons: drug testing and reference for assessment

Section 85 – Assessment following positive test under section 20A of the 1995 Act

188.This section provides that an individual who has tested positive for a relevant Class A drug will be required to attend a drugs assessment with a suitably qualified drugs assessor. A person will be required to remain at that assessment for its duration. Section 85 also provides that the purpose of the drugs assessment is to establish whether or not the person is dependent on or has a propensity to misuse Class A drugs and whether or not they may benefit from assistance or treatment.