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Part 3Criminal justice

Arrested persons: drug testing and reference for assessment

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

(1)This section applies where—

(a)a sample is provided or taken under section 20A of the 1995 Act by or from a person in custody in a police station; and

(b)an analysis of the sample reveals that a relevant Class A drug is present in the person’s body.

(2)A constable must require the person to attend, and remain for the duration of, a drugs assessment.

(3)A drugs assessment is an appointment with a suitably qualified person (“a drugs assessor”)—

(a)for the purpose of establishing whether the person is dependent on, or has a propensity to misuse, any relevant Class A drug;

(b)if the drugs assessor thinks that the person has such a dependency or propensity, for the purpose of establishing whether the person might benefit from assistance or treatment (or both) in connection with the dependency or propensity; and

(c)if the drugs assessor thinks that the person might benefit from such assistance or treatment (or both), for the purpose of drawing up a document which sets out the nature of assistance or treatment (or both) which may be most appropriate for the person in connection with any dependency on, or propensity to misuse, a relevant Class A drug which the drugs assessor thinks the person has.