Part 3

Criminal justice

Arrested persons: drug testing and reference for assessment

Date, time and place of assessment
87
1
Subsection (2) applies where, in accordance with a requirement imposed by virtue of section 86(2), a person reports at the place where the person’s drugs assessment is to take place.
2
The drugs assessor who is to carry out the drugs assessment or a person acting on the drugs assessor’s behalf must give the person a notice in writing which—
a
informs the person of the date and time of the drugs assessment;
b
confirms the place of the drugs assessment; and
c
warns the person that the person is liable to prosecution if the person fails without good cause to attend and remain for the duration of the drugs assessment.
3
Where a person is given a notice in pursuance of subsection (2), the drugs assessor who is to carry out the drugs assessment or a person acting on the drugs assessor’s behalf may change the date, time or place of the assessment by serving on the person a further notice in writing which—
a
informs the person of the change; and
b
repeats the warning mentioned in subsection (2)(c).
4
For the purpose of subsection (3), a notice is served on a person if—
a
given to the person; or
b
sent to the person by registered post or a recorded delivery service.
5
A certificate of posting of a notice sent under subsection (4)(b) issued by the postal operator concerned is sufficient evidence of the sending of the notice on the day specified in the certificate.
6
In subsection (5), “postal operator” has the meaning given by section 125(1) of the Postal Services Act 2000 (c. 26).