Part 2

Bail

Drug users: restriction on bail
19
1
The 1976 Act is amended as follows.
2
In section 3 (general provisions), after subsection (6B) there is inserted—
6C
Subsection (6D) below applies where—
a
the court has been notified by the Secretary of State that arrangements for conducting a relevant assessment or, as the case may be, providing relevant follow-up have been made for the petty sessions area in which it appears to the court that the person referred to in subsection (6D) would reside if granted bail; and
b
the notice has not been withdrawn.
6D
In the case of a person (“P”)—
a
in relation to whom paragraphs (a) to (c) of paragraph 6B(1) of Part 1 of Schedule 1 to this Act apply;
b
who, after analysis of the sample referred to in paragraph (b) of that paragraph, has been offered a relevant assessment or, if a relevant assessment has been carried out, has had relevant follow-up proposed to him; and
c
who has agreed to undergo the relevant assessment or, as the case may be, to participate in the relevant follow-up,
the court, if it grants bail, shall impose as a condition of bail that P both undergo the relevant assessment and participate in any relevant follow-up proposed to him or, if a relevant assessment has been carried out, that P participate in the relevant follow-up.
6E
In subsections (6C) and (6D) above—
a
“relevant assessment” means an assessment conducted by a suitably qualified person of whether P is dependent upon or has a propensity to misuse any specified Class A drugs;
b
“relevant follow-up” means, in a case where the person who conducted the relevant assessment believes P to have such a dependency or propensity, such further assessment, and such assistance or treatment (or both) in connection with the dependency or propensity, as the person who conducted the relevant assessment (or conducts any later assessment) considers to be appropriate in P’s case,
and in paragraph (a) above “Class A drug” and “misuse” have the same meaning as in the Misuse of Drugs Act 1971, and “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.
6F
In subsection (6E)(a) above, “suitably qualified person” means a person who has such qualifications or experience as are from time to time specified by the Secretary of State for the purposes of this subsection.
3
In section 3A(3) (conditions of bail in case of police bail), for “, (6A) and (6B)” there is substituted “ and (6A) to (6F) ”.
4
In Schedule 1 (which contains supplementary provisions about bail), in Part 1 (imprisonable offences)—
a
after paragraph 6 there is inserted—

Exception applicable to drug users in certain areas
6A
Subject to paragraph 6C below, a defendant who falls within paragraph 6B below may not be granted bail unless the court is satisfied that there is no significant risk of his committing an offence while on bail (whether subject to conditions or not).

Exception applicable to drug users in certain areas
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.

Exception applicable to drug users in certain areas
6C
Paragraph 6A above does not apply unless—
a
the court has been notified by the Secretary of State that arrangements for conducting a relevant assessment or, as the case may be, providing relevant follow-up have been made for the petty sessions area in which it appears to the court that the defendant would reside if granted bail; and
b
the notice has not been withdrawn.
,
b
in paragraph 8(1), for “(4) to (7)” there is substituted “ (4) to (6B) or (7) ”.
S. 19 wholly in force at 5.4.2004, see s. 336(3) and S.I. 2004/829, art. 2(1)(2) (subject to art. 2(3)-(6))