SCHEDULES

SCHEDULE 1 Persons Entitled to Bail: Supplementary Provisions

Part I Defendants Accused or Convicted of Imprisonable Offences

F1Exception applicable to drug users in certain areas

Annotations:
Amendments (Textual)

6B

1

A defendant falls within this paragraph if—

a

he is aged 18 or over;

b

a sample taken—

i

under section 63B of the Police and Criminal Evidence Act 1984 (testing for presence of Class A drugs) in connection with the offence; or

ii

under section 161 of the Criminal Justice Act 2003 (drug testing after conviction of an offence but before sentence),

has revealed the presence in his body of a specified Class A drug;

c

either the offence is one under section 5(2) or (3) of the Misuse of Drugs Act 1971 and relates to a specified Class A drug, or the court is satisfied that there are substantial grounds for believing—

i

that misuse by him of any specified Class A drug caused or contributed to the offence; or

ii

(even if it did not) that the offence was motivated wholly or partly by his intended misuse of such a drug; and

d

the condition set out in sub-paragraph (2) below is satisfied or (if the court is considering on a second or subsequent occasion whether or not to grant bail) has been, and continues to be, satisfied.

2

The condition referred to is that after the taking and analysis of the sample—

a

a relevant assessment has been offered to the defendant but he does not agree to undergo it; or

b

he has undergone a relevant assessment, and relevant follow-up has been proposed to him, but he does not agree to participate in it.

3

In this paragraph and paragraph 6C below—

a

“Class A drug” and “misuse” have the same meaning as in the Misuse of Drugs Act 1971;

b

“relevant assessment” and “relevant follow-up” have the meaning given by section 3(6E) of this Act;

c

“specified” (in relation to a Class A drug) has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000.