“(1) The Police and Criminal Evidence Act 1984 is amended as set out in subsections (2) to (5).

(2) In section 30 (arrest elsewhere than at police station), after subsection (11) insert—

“(11A) Nothing in subsection (1A) or in section 30A prevents a constable delaying taking a person to a police station, or releasing the person under section 30A, for such time as is reasonable for the purpose of taking a sample under section 32A.

(11B) Where there is any such delay the reasons for the delay must be recorded when the person first arrives at the police station or (as the case may be) is released under section 30A.”

(3) After section 32 (search upon arrest) insert—

(1) An approved constable may take a single non-intimate sample from a person for the purpose of ascertaining whether any specified controlled drug is in the person’s body, if the following conditions are met—

(a) the arrest condition,

(b) the age condition, and

(c) the request condition.

(2) The arrest condition is that section 30(1A) applies in respect of the person and either—

(a) the offence for which the person was arrested is a trigger offence, or

(b) a constable of at least the rank of inspector—

(i) has reasonable grounds for suspecting that the misuse by the person of a specified controlled drug caused or contributed to the offence for which the person was arrested, and

(ii) has authorised the sample to be taken.

(3) The age condition is that the person is aged 18 or over.

(4) The request condition is that an approved constable has requested the person to give the sample.

(5) Before requesting the person to give a sample, an approved constable must—

(a) warn the person that if, when so requested, the person fails without good cause to do so the person may be liable to prosecution, and

(b) in a case within subsection (2)(b), inform the person of the giving of the authorisation and of the grounds in question.

(6) A sample may only be taken under this section—

(a) at or near the place where an approved constable requested the person to give the sample, and

(b) before the person has been taken to a police station or released under section 30(7) or 30A.

(7) If a sample is taken from a person under this section, an approved constable must give the person a notice in writing which sets out—

(a) the offence in respect of which the arrest condition is met;

(b) in a case within subsection (2)(b), details of the authorisation and the grounds in question;

(c) the date and time when the sample was taken;

(d) the location where the sample was taken;

(e) whether an analysis of the sample reveals that a specified controlled drug may be present in the person’s body.

(8) A notice under subsection (7) must be given as soon as reasonably practicable and in any event before the earlier of the person being released or charged with the offence in respect of which the arrest condition is met.

(9) A person who fails without good cause to give any sample which may be taken from the person under this section commits an offence and is liable on summary conviction to imprisonment for a term not exceeding 3 months or a fine not exceeding level 4 on the standard scale (or both).

(1) A constable of at least the rank of inspector may give an authorisation under section 32A(2)(b) orally or in writing but, if it is given orally, the constable must confirm it in writing as soon as is practicable.

(2) If a person from whom a sample is taken under section 32A is taken to a police station, the constable giving the notice under section 32A(7) must secure that a record is made, as part of the person’s custody record, of the matters set out in the notice.

(3) If a person from whom a sample is taken under section 32A is released under section 30(7) or 30A, the constable giving the notice under section 32A(7) must, as soon as is practicable after the notice is given, make a record in writing of the matters set out in the notice.

(4) Section 32A does not prejudice the generality of section 63.

(5) In section 32A—

“approved constable” means a constable who has been approved for the purposes of section 32A by the chief officer of police of the police force to which the constable belongs (or, where the constable belongs to the British Transport Police Force, by the chief constable of the British Transport Police Force);

“non-intimate sample” has the same meaning as in Part 5 (see section 65(1));

“specified controlled drug” means a controlled drug (within the meaning of the Misuse of Drugs Act 1971) specified in regulations under section 32C;

“trigger offence” means an offence specified in regulations under section 32C.

(1) The Secretary of State may by regulations for the purposes of section 32A—

(a) specify a controlled drug as a “specified controlled drug”;

(b) specify an offence as a “trigger offence”.

(2) Regulations under subsection (1)—

(a) may make different provision for different purposes or different areas; and

(b) may make transitional, transitory or saving provision.

(3) Regulations under this section are to be made by statutory instrument.

(4) A statutory instrument containing (whether alone or with other provision) regulations under subsection (1)(b) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament.

(5) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.

(6) In this section “controlled drug” has the same meaning as in the Misuse of Drugs Act 1971.

Information obtained from a sample taken from a person under section 32A may be disclosed—

(a) for the purpose of informing any decision about granting bail in criminal proceedings (within the meaning of the Bail Act 1976) to the person;

(b) for the purpose of informing any decision about the giving of a diversionary caution under Part 6 of the Police, Crime, Sentencing and Courts Act 2022 to the person;

(c) where the person is in police detention or is remanded in or committed to custody by an order of a court or has been granted such bail, for the purpose of informing any decision about the person’s supervision;

(d) where the person is convicted of an offence, for the purpose of informing any decision about the appropriate sentence to be passed by a court and any decision about the person’s supervision or release;

(e) for the purpose of an assessment which the person is required to attend by virtue of section 9(2) or 10(2) of the Drugs Act 2005;

(f) for the purpose of proceedings against the person for an offence under section 12(3) or 14(3) of that Act;

(g) for the purpose of ensuring that appropriate advice and treatment is made available to the person.”

(4) In section 63B, after subsection (5D) insert—

“(5E) A sample may not be taken from a person under this section if—

(a) the person is in police detention by virtue of being taken to a police station after being arrested at a place other than a police station, and

(b) a sample was taken from the person under section 32A.”

(5) In section 66(2) (codes of practice), after “section” insert “32A or”.

(6) In Schedule 1 to the Bail Act 1976 (persons entitled to bail: supplementary provisions), in Part 1 (defendants accused or convicted of imprisonable offences), in paragraph 6B(1)(b)(i), after “under section” insert “32A or”.”—

The new clause provides for testing of controlled drugs upon arrest at a place other than a police station and makes related changes.

Brought up, read the First and Second time, and added to the Bill.