Amendments made: 27, in clause 16, page 12, line 3, at end insert—

“(b) in subsection (1)(a), after ‘taken’ insert ‘—

(i) under section 32A of PACE (testing for presence of controlled drug upon arrest) from a person at a place other than a police station, or

(c) in subsection (2) omit “from detention at the police station’.”

This amendment applies Part 3 of the Drugs Act 2005 (assessment of misuse of drugs) where controlled drugs are tested for upon arrest at a place other than a police station under provision introduced by NC13.

Amendment 28, in clause 16, page 12, line 5, at end insert—

“(3A) In section 11 (requirements under sections 9 and 10: supplemental), in subsection (1)—

(a) the words from “a person is required” to the end become paragraph (a);

(b) at the end of that paragraph insert “, and

(b) section 11A does not apply.”

(3B) After section 11 insert—

“11A Requirements under sections 9 and 10: supplemental where person to be released from custody at a place other than a police station

(1) This section applies if a person—

(a) is, while in custody at a place other than a police station, required to attend an initial assessment and remain for its duration by virtue of section 9(2), and

(b) is to be released without first being taken to a police station.

(2) If the time when, and the place at which, the initial assessment is to take place is set before the person is released, an approved constable must—

(a) inform the person of that time and place, and

(b) explain that this information will be confirmed in writing.

(3) If the time when, and the place at which, the initial assessment is to take place is not set before the person is released, an approved constable must explain that—

(a) the time and place will be set after the person is released, and

(b) the person will be notified of the time and place in writing.

(4) An approved constable must warn the person that they may be liable to prosecution if they fail without good cause to attend the initial assessment and remain for its duration.

(5) If the person is also required to attend a follow-up assessment and remain for its duration by virtue of section 10(2), an approved constable must also warn the person that they may be liable to prosecution if they fail without good cause to attend the follow-up assessment and remain for its duration.

(6) Where subsection (2) applies, an approved constable must give the person notice in writing which—

(a) confirms that the person is required to attend and remain for the duration of an initial assessment or both an initial assessment and a follow-up assessment (as the case may be),

(b) confirms the information given in pursuance of subsection (2), and

(c) repeats the warning given in pursuance of subsection (4) and any warning given in pursuance of subsection (5).

(7) The duties imposed by subsections (2) to (6) must be discharged before the person is released.

(8) Where subsection (2) applies, an approved constable must make, on the spot or as soon as is practicable, a record in writing of—

(a) the requirement imposed on the person by virtue of section 9(2),

(b) any requirement imposed on the person by virtue of section 10(2),

(c) the information and explanation given to the person in pursuance of subsection (2) above,

(d) the warning given to the person in pursuance of subsection (4) and any warning given in pursuance of subsection (5) above, and

(e) the notice given to the person in pursuance of subsection (6) above.

(9) Where subsection (3) applies, an approved constable must make, on the spot or as soon as is practicable, a record in writing of—

(a) the requirement imposed on the person by virtue of section 9(2),

(b) any requirement imposed on the person by virtue of section 10(2),

(c) the explanation given to the person in pursuance of subsection (3) above, and

(d) the warning given to the person in pursuance of subsection (4) and any warning given in pursuance of subsection (5) above.

(10) Where subsection (3) applies, a police officer must give the person, as soon as is practicable, a notice in writing which—

(a) informs the person of the time when, and the place at which, the initial assessment is to take place,

(b) confirms that the person is required to attend and remain for the duration of an initial assessment or both an initial assessment and a follow-up assessment (as the case may be), and

(c) repeats the warning given in pursuance of subsection (4) and any warning given in pursuance of subsection (5).

(11) Where subsection (10) applies, a police officer must make, as soon as is practicable after a notice is given to the person in pursuance of that subsection, a record of the notice.

(12) If a person is given a notice in pursuance of subsection (6) or (10), a police officer or a suitably qualified person may give the person a further notice in writing which—

(a) informs the person of any change to the time when, or to the place at which, the initial assessment is to take place, and

(b) repeats the warning given in pursuance of subsection (4) and any warning given in pursuance of subsection (5).

(13) In this section, “approved constable” has the meaning given by section 32B of PACE.”

(3C) In section 12 (attendance at initial assessment), in subsection (6)—

(a) in paragraph (a)—

(i) for “subsection (5) of section 11” substitute “section 11(5) or 11A(6) or (10)“;

(ii) for “subsection (8) of that section” substitute “section 11(8) or 11A(12)“;

(b) in paragraph (b)—

(i) for “subsection (5) of section 11” substitute “section 11(5) or 11A(6) or (10)“;

(ii) for “subsection (8) of that section” substitute “section 11(8) or 11A(12)“.”

This amendment makes provision equivalent to section 11 of the Drugs Act 2005 for certain cases where controlled drugs are tested for upon arrest at a place other than a police station under provision introduced by NC13 and makes consequential amendments.

Amendment 29, in clause 16, page 12, line 30, at end insert—

“(c) in subsection (6)—

(i) after ‘in respect of which’ insert ‘—

(a) the condition specified in subsection (2) of section 32A of PACE is satisfied in relation to the taking of the sample mentioned in section 9(1)(a)(i) of this Act, or

(ii) for ‘section 9(1)(a)’ substitute ‘section 9(1)(a)(ii)’.”

This amendment makes an amendment to section 17 of the Drugs Act 2005 that is consequential upon amendment 27.

Amendment 30, in clause 16, page 12, line 35, after “in” insert “—

(a) regulations under section 32C of PACE, if section 9(1)(a)(i) of this Act applies, or

(b)”

This amendment makes an amendment to section 19 of the Drugs Act 2005 that is consequential upon amendment 27.

Amendment 31, in clause 16, page 12, line 35, after “section 63CA of PACE” insert “, if section 9(1)(a)(ii) of this Act applies”.—(Chris Philp.)

This amendment makes an amendment to section 19 of the Drugs Act 2005 that is consequential upon amendment 27.

Clause 16, as amended, ordered to stand part of the Bill.

Clause 17 ordered to stand part of the Bill.