Part 3

Assessment of misuse of drugs

Attendance at initial assessment
12
1
This section applies if a person is required to attend an initial assessment and remain for its duration by virtue of section 9(2).
2
The initial assessor must inform a police officer or a police support officer if the person—
a
fails to attend the initial assessment at the specified time and place, or
b
attends the assessment at the specified time and place but fails to remain for its duration.
3
A person is guilty of an offence if without good cause—
a
he fails to attend an initial assessment at the specified time and place, or
b
he attends the assessment at the specified time and place but fails to remain for its duration.
4
A person who is guilty of an offence under subsection (3) is liable on summary conviction to imprisonment for a term not exceeding 51 weeks, or to a fine not exceeding level 4 on the standard scale, or to both.
5
If a person fails to attend an initial assessment at the specified time and place, any requirement imposed on him by virtue of section 10(2) ceases to have effect.
6
In this section—
a
the specified time, in relation to the person concerned, is the time specified in the notice given to him in pursuance of subsection (5) of section 11 or, if a further notice specifying a different time has been given to him in pursuance of subsection (8) of that section, the time specified in that notice, and
b
the specified place, in relation to the person concerned, is the place specified in the notice given to him in pursuance of subsection (5) of section 11 or, if a further notice specifying a different place has been given to him in pursuance of subsection (8) of that section, the place specified in that notice.
7
In relation to an offence committed before the commencement of section 281(5) of the Criminal Justice Act 2003 (c. 44) (alteration of penalties for summary offences), the reference in subsection (4) to 51 weeks is to be read as a reference to 3 months.
S. 12 in force at 1.12.2005 by S.I. 2005/3053, art. 2(1)(c)