Guide for Prosecutors to the Drug Interventions Programme
Updated 28/03/08
- Introduction
- The new provisions under the Drugs Act 2005
- New offences and charging
- Testing On Arrest
- Use of drug test results (general)
- Individual disputes test result
- Offence of refusing to provide a required sample
- Considerations in charging failure to supply
- Ancillary matters to testing
- Required Assessment
- Individual fails to attend/remain for the duration of the assessment
- Police are informed of failure to attend /remain
- Prosecutor/Police decide to pursue offence of failure to attend/ remain
- The offence of failure to attend/remain at initial assessment
- Ancillary matters related to Required Assessments
- Restriction on Bail
- Procedure in court
- Duties of police and prosecutor
- Relationship between Testing at Arrest and Restriction on Bail
- Case dealt with (disposed of) at first hearing
- Case not dealt with (disposed of) at first hearing - Is individual eligile for RoB?
- Individual does not agree to RoB conditions
- No Required Assessment has been completed
- Failure to attend and undergo the Assessment and participate in any follow-up appointments
- Sentencing
- Annex A - List of police force areas, BCUs and custody suites eligible for adult drug testing
- Annex B - List of Trigger Offences
- Annex C - Form DT1
- Annex D - Form DT2
- Annex E - Form RA 1
- Annex F - Form RA 2
- Annex G - Form RA 3
- Annex H - Form RA 4
- Annex I - Form RA 5
- Annex J - Basic Evidential Template
Introduction
The Drug Interventions Programme ('DIP') is a critical part of the Government's strategy for tackling drugs. The Programme involves criminal justice and drug treatment providers working together with other services to provide a tailored solution for adults - particularly those who misuse Class A drugs - who commit crime to fund their drug misuse. Its principal focus is to reduce drug-related crime by engaging with problematic drug users and moving them into appropriate treatment and support. It aims to break the cycle of drug misuse and offending behaviour by intervening at every stage of the criminal justice system to engage offenders in drug treatment. The Crown Prosecution Service has an important role in DIP and it is important that prosecutors understand the legislation and how it impacts upon our core business.
Many prosecutors will be familiar with drug testing on charge and restriction on bail, which were the initial components of DIP. The Drugs Act 2005 ('the Act') introduced certain new measures, which are only applicable to those aged 18 or over. This guidance will focus on the testing on arrest and the initial assessment, which were introduced "DIP Intensive areas" in England in November 2005 and March 2006, and the follow-up assessment which will be implemented in the same areas from 1 April 2007. A list of police stations where these provisions apply is at Annex A
The new provisions under the Drugs Act 2005
Testing on arrest
The Act includes a provision to move the point at which a drug test may be carried out to arrest rather than post charge. The person will have to be arrested for a trigger offence or if not a trigger offence, then the test is authorised by an officer of the rank of inspector or above. A list of trigger offences is at Annex B. If a person refuses to provide a sample without good cause, an offence is committed.
Required assessment
Previously, following a positive drug test, an individual would have been asked whether they wished to see a drugs worker based in custody. Take-up of this offer was voluntary on the part of the individual. Part 3 of the Act introduced a new power for the police to require adults who have tested positive for a specified Class A drug when tested on arrest or charge, to attend 'an initial assessment' of their drug misuse. If a person fails to attend/stay to the end without good cause, then an offence has been committed
Provision was also made in the Act for a police officer, when imposing the requirement to attend an initial assessment, to also require the adult concerned to attend a 'follow-up assessment'. This requirement would cease to apply if the drugs worker conducting the initial assessment considered it to be inappropriate.
Restriction on Bail
Section 19 of the Criminal Justice Act 2003 amended the Bail Act 1976 to provide for a restriction on bail for adults who have tested positive for specified Class A drugs (heroin, cocaine or crack). Where the relevant conditions are met the defendant will be asked at the initial bail hearing to undergo an assessment of their drug problem (a relevant assessment) and agree to participate in any follow-up recommended by the assessor. If the defendant agrees, they will, in most cases, be released on conditional bail. However, if they refuse, the normal presumption for bail is reversed and the court will not grant bail unless they are certain that they will not offend whilst on bail. For further guidance refer to the Legal Guidance on Bail .
This project includes an extension of restriction on bail to all Local Justice Areas in England by 31 March 2006. This will mean that any adult defendant who is brought before any court in England with a positive drug test result following testing on arrest or charge could have the provision applied to them irrespective of the area they live in, within England.
New offences and charging
New offences of failing to appear/stay to the end of the initial assessment and the follow-up assessment have been created by the Act. These offences are summary only and have the same maximum penalty, namely three months imprisonment, level 4 fine (£2500)) or both.
The charging decision in respect of these offences lies with the duty prosecutor, unless the case is an anticipated guilty plea. If the offence is charged with other substantive matters, then the decision will rest with the duty prosecutor as well.
Testing On Arrest
Section 63B PACE and consequences on police powers
Section 63B of Police and Criminal Evidence Act 1984 (as amended by Section 7 of the Drugs Act 2005) provides for a sample of urine, or another non-intimate sample, to be requested by a police officer and taken from persons in police detention for the purpose of ascertaining whether they have a specified Class A drug in their body if:
- the person concerned has been arrested or charged with a "trigger" offence (trigger offences are detailed in Schedule 6 to the Criminal Justice and Court Services Act 2000 and listed in this guidance at Annex B); or
- the person concerned has been arrested or charged with an offence and a police officer of inspector rank or above, who has reasonable grounds to suspect that the misuse by the person of any specified Class A drug caused or contributed to the offence, has authorised the taking of the sample.
Can a person be forced to provide a sample?
A person cannot be forced to submit a sample for a test.
Can a person be detained post charge for a sample to be taken?
Section 38 enables the police to detain a person who has been charged with a relevant offence and who would otherwise be released (either with or without bail) under that section for the purpose of enabling a sample to be taken under section 63B of PACE so long as he is not kept in detention beyond 6 hours from when he was charged.
Can a person be detained who would otherwise be released on police bail?
Section 37(8B) enables the police to detain a person who is otherwise to be released on bail without charge for a relevant offence (either under section 37(2) or section 37(7)(a) or (b) of PACE) for the purpose of enabling a sample to be taken under section 63B of PACE so long as that detention does not take the person's detention beyond 24 hours from the relevant time (as defined in section 41 of PACE).
Who can take a sample?
Under section 63B(6) of PACE a sample may only be taken by a person prescribed by regulations made by the Secretary of State, namely:
- a police officer;
- a person employed by a police authority or police force whose contractual duties include taking samples for the purpose of testing for the presence of specified Class A drugs;
- a person employed by a contractor engaged by a police authority or police force whose duties include taking samples for the purpose of testing for the presence of specified Class A drugs.
Under the Drug Interventions Programme, the sample taken will be saliva and not urine.
Can a person be arrested or detained solely for the purpose of requiring a sample?
No
How many times can a person be tested during one period of detention?
Section 63B(5B) forbids an individual being drug tested twice during the same period of continuous detention.
However, If an individual is arrested on a number of occasions for the commission of the same, or any other trigger offence, or an offence where an inspector believes that a specified class A drug caused or contributed to the commission of the offence, they should be drug tested on each new arrest occasion, irrespective of the result of any previous test.
What should occur when an officer is considering street bail?
Section 4 of the Criminal Justice Act 2003 amends PACE to provide for "Street Bail" where an arresting officer may bail an individual to return to any police station. If the arresting officer has reason to suspect that specified Class A drug misuse caused or contributed to the offence, then "Street Bail" should not be granted and the individual should be taken to a police station.
Decision to test
If a person has been arrested or charged with a "trigger offence", then the custody officer must decide whether there is good cause not to require the taking of a sample under section 63B. If there is no such good cause, a sample must be requested.
If a person has been arrested or charged with a "non-trigger offence" and a custody officer decides that there are grounds to suspect that specified Class A drug misuse by the individual caused or contributed to the offence, then the decision to authorise a sample must be referred to a police officer of at least the rank of inspector.
In authorising the requirement to give a sample, the inspector must have reasonable grounds for suspecting that the misuse of any specified Class A drug by the individual caused or contributed to the offence. It will be for the inspector to determine what constitutes 'reasonable grounds'.
The authorisation and grounds for suspicion must be recorded on the DT1 (Annex C) and custody record.
The Drugs Act requires the police, when requiring the initial and follow-up assessments, to give the individual an oral warning of the consequences of failing to attend or remain for the duration of these assessments. The police should use the following statement:
"You have tested positive for a specified Class A drug. I am therefore requiring you under the Drugs Act 2005 to undergo an initial and a follow-up assessment by a drugs worker and to remain for the duration of these assessments. I must warn you that if you fail without good cause to attend and remain for the duration of these assessments you will be liable to prosecution and may be imprisoned, fined, or both. Where practical the assessment will take place during this period of detention"
The officer should then record on the custody record that this oral warning has been given, by whom and with time and date.
Testing
Once a decision is made that an individual who has been arrested or charged should be tested for specified Class A drugs, a record of the procedure will be kept using the amended pro-forma Form DT1 (Annex C). The DT1 forms part of the custody record.
A separate court information pro-forma known as a Form DT2 (Annex D), which informs the court of the test result (whether positive, negative or refused) and whether an assessment has been required, must also be completed (one of the signed printouts from the RapiScan test should be attached).
If an appropriate adult is required, then he/she should be asked to remain with the individual throughout the drug testing procedure. The appropriate adult should be asked to countersign both the RapiScan printouts of the test result and the DT1 form.
A DT2 must be with the case papers that are sent to the CPS. If one is not on file for a case in which it appears that a defendant should have been tested, the prosecutor must contact the police to clarify the position.
Use of drug test results (general)
The purposes for which the information obtained from a drug test sample taken under these provisions may be disclosed are set out in section 63B(7) (as amended by the Drugs Act 2005).
Information obtained from a sample may only be disclosed for the following purposes:
- for the purpose of informing any decision about granting bail in criminal proceedings (within the meaning of the Bail Act 1976) to the person concerned;
- for the purpose of informing any decision about the giving of a conditional caution under Part 3 of the Criminal Justice Act 2003 to the person concerned;
- where the person concerned 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 their supervision;
- where the person concerned 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 their supervision or release;
- for the purpose of an assessment which the person concerned is required to attend by virtue of section 9(2) of the Drugs Act 2005;
- for the purpose of an assessment which the person concerned is required to attend by virtue of section 10 (2) of the Drugs Act 2005;
- for the purpose of proceedings against the person concerned for an offence under section 12(3) or 14(3) of that Act; or
- for the purpose of ensuring that appropriate advice and treatment is made available to the person concerned.
Individual disputes test result
If the individual does not accept the test result, or claims to have taken medication which may have affected a positive result, the sample must be sent to the authorised laboratory for more detailed analysis and further testing. In addition, 2% of all samples must be routinely sent to the authorised laboratory to ensure quality control.
An individual disputing a test result does not prevent a police officer from requiring the individual to undergo an initial and follow-up assessment (section 16 Drugs Act 2005). In this circumstance, at the point when an individual disputes the test result, the police officer may require the time and place of the assessment to be after the outcome of the further analysis will be known, if the individual is not prepared to undergo the assessment earlier.
If the further analysis from the authorised laboratory confirms the positive test obtained in the custody suite, then the requirement for the individual concerned to attend and remain at the initial and follow-up assessments remains in force. There is no need for the police to inform the individual that the requirement to attend the initial assessment remains, as the legislation places the onus on the individual to attend unless notified otherwise.
If the further analysis from the authorised laboratory overturns the positive test obtained in the custody suite, then the requirement for the individual concerned to attend the initial assessment (where they have not already done so) ceases There is a legal obligation placed on the police to notify the individual concerned that the requirement to attend the assessment has ceased.
Offence of refusing to provide a required sample
An individual who fails without good cause to provide any sample when requested to do so in accordance with these drug testing provisions commits an offence, for which they shall be 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 to both (s. (8) 63B and s. (1) 63C PACE).
Considerations in charging failure to supply
To prove that a person has committed this offence, it is necessary to prove the following elements:
- that the individual was required to provide a sample under s.63B PACE; and
- the individual failed to provide a sample; and
- there was no good cause not to give a sample.
Prosecutors should pay attention to any reason that the suspect gives as to why he/she is unable to provide a specimen and whether there is any medical/FME report which supports the reason.
The form DT1 will detail the procedure in any given case. Any comments or explanations for the failure to provide a sample should be noted on the DT1 and will be filed with the
remainder of the custody record. The form DT2 will show whether an individual refused a test.
If the person is charged with the main offence which led the sample to be requested under section 63B then a charge under 63B would ideally be considered at the same time. Although there is no specific provision for disclosure of the reasons for failing to provide a sample, this information would have to be made known to the court to enable it to decide whether there was good cause or not.
Where a person has good cause for refusal to supply a sample but in proceedings for the main offence the court asks whether a sample has been requested and taken, the court could be informed in general terms that a sample had been requested but that the defendant had good cause not to provide that sample and therefore had not committed an offence under section 63B of PACE.
Prosecutors should note that although the forms DT1 and DT2 may be sufficient evidence in guilty plea cases, it cannot be relied upon in contested matters as it is inadmissible hearsay. If a case is to proceed to trial, prosecutors should consider the following options:
- if the officer will be required to give evidence, then the DT1 and DT2 can become memory refreshing documents for the officer. In such circumstances, the officer may exhibit the DT1 and DT2.
- if the officer may not be required to give evidence as the procedure is uncontested, then a section 10 admission should be sought from the defence. This must be sought in advance and raised at any pre-trial review or other preliminary hearing;
- Alternatively, the officer could make a section 9 statement based on the contents of the forms, providing a narrative account of the procedure adopted in the individual case. However this is a time consuming process and should not be required where the defence do not take issue with the procedure.
- The DT1and DT2 could be admissible in their own right if reliance were placed on the provisions of section 117 of the Criminal Justice Act 2003 (admissibility of business documents), and in particular subsection 5. Subsection 5 provides (inter alia) that the maker must be dead, cannot be found or will not give evidence because of fear or intimidation. Such conditions are unlikely to be met when the witness is a serving police officer.
Ancillary matters to testing
The drug test will not be used as evidence to support the commission of any offences of which the detainee has been charged, or for other investigative purposes. However, the test result may be used for limited intelligence purposes, provided that the information used is of a de-personalised and aggregate nature.
The sample can be used alongside other relevant factors to inform police bail, although the test result alone should not automatically lead to a denial of police bail.
Required Assessment
Sections 9 and 10 of the Drugs Act 2005 introduce new powers for the police to require persons who have tested positive for a specified Class A drug when tested on arrest or charge, to attend two assessments of their drug use (an initial assessment and a follow-up assessment) with a suitably qualified person.
A person will be handed written notification by the Police that they are required to attend an initial and follow-up assessment, known as RA1 (Annex E). This will also confirm the time and place of the initial assessment. If the appointment for the initial assessment is varied, the person will receive a RA2 (Annex F).
Before the completion of the initial assessment, an initial assessor (drug worker) will decide whether a follow-up assessment is appropriate. A person will be informed and handed written notification that they are required to attend a follow-up assessment, known as RA4 (strong>Annex H).
The person is required to attend and stay for the duration of the assessment in question. If they fail to do so, without good cause, they commit an offence and may face criminal sanctions.
A form RA3 (see Annex G) is used by a drug assessor to inform a police officer or police support officer if an individual fails to attend or remain for the duration of the required initial and follow-up assessments. The RA3 is also used to record the decision not to require a follow-up assessment.
If the drug assessor decides that a follow-up assessment is not appropriate, a person will be handed written notification that they are no longer required to attend the follow-up assessment, known as RA5 (Annex I)
Individual fails to attend/remain for the duration of the assessment
The individual will have been warned by the police - orally and in writing - that they may be liable to prosecution if they fail without good cause to attend the initial/follow-up assessment and remain for their duration.
If the arrangements for the assessment have been varied by the police or the CJIT, the individual will have been advised in writing and will have been warned again of the consequences of failure to attend / remain (RA2).
Where the drug assessor decides at the initial assessment that a follow-up assessment is appropriate, they will orally warn the individual of the consequences of failure to attend/remain, and this will be repeated in writing (RA4)
Police are informed of failure to attend/remain at initial/follow-up assessment
The Act requires "the assessor" to inform a police officer or police support officer if the individual fails to attend or remain for the initial and follow-up assessment.
The "assessor" in this instance must be a person with personal knowledge of the failure to attend / remain. A basic evidential template has been prepared (Annex J) to facilitate the provision of the necessary information which will be required when deciding whether to proceed to charge and in presenting the facts or conducting a trial.
Prosecutor/Police decide to pursue offence of failure to attend/ remain
It is an offence under s.12 (3)(a) and (b) the Act to fail to attend an initial assessment or fail to remain for the duration of the assessment.
It is an offence under s. 14 (3)(a) and (b) of the Act to fail to attend a follow-up assessment or fail to remain for the duration of the assessment.
The police may take the charging decision if it is anticipated that person will plead guilty. A prosecutor will take the decision to charge in all other situations including where the offence arises out of an arrest for substantive matters that themselves are then required to be submitted to CPS for a charging decision.
The offence of failure to attend/remain at initial/follow-up assessment
To prove that a person has committed this offence, it is necessary to prove the following elements:
- that a sample was taken under s.63B PACE; and
- analysis of the sample revealed that a specified class A drug may be present in the person's body; and
- the person is 18 years of age or over; and
- the notification condition is met; and
- the person failed to appear; or
- the person attended but failed to stay for the duration of the appointment; and
- there was no good cause for the non-attendance/failure to stay for the duration.
Prosecutors will face similar considerations as with failure to supply (above) and should consider any reason that the suspect gives as to why he/she failed to attend or stay.
There is a strong public interest in prosecuting these offences. Charging may ensure that an individual engages with the process and begin to address their drug abuse and offending. Moreover, if the person offends again, it would be relevant consideration in considering bail that they had previously ignored a legal obligation and committed an offence under s.12(3) and 14 (3) Drugs Act 2005.
If a person is on police bail, either under s. 37(2) or s 37(7)(a) or (b) of PACE, and commits either offence then the person should be charged and the decision not delayed until the charging of the substantive offences.
In proving the offence, reliance must be placed on the information in the forms DT1, DT2, RA1 and RA4 as appropriate (occasionally, a RA2 may be relevant). The same considerations regarding hearsay and failure to supply a sample (above) are relevant.
If a case is to proceed to trial, prosecutors should consider the following options:
- if the officer will be required to give evidence, then the forms can become memory refreshing documents for the officer. In such circumstances, the officer may exhibit the forms.
- if the officer may not be required to give evidence as the procedure is uncontested, then a section 10 admission should be sought from the defence. This must be sought in advance and raised at any pre-trial review or other preliminary hearing;
- Alternatively, the officer could make a section 9 statement based on the contents of the forms, providing a narrative account of the procedure adopted in the individual case. However this is a time consuming process and should not be required where the defence do not take issue with the procedure.
- The forms could be admissible in their own right if reliance were placed on the provisions of section 117 of the Criminal Justice Act 2003 (admissibility of business documents), and in particular subsection 5. Subsection 5 provides (inter alia) that the maker must be dead, cannot be found or will not give evidence because of fear or intimidation. Such conditions are unlikely to be met when the witness is a serving police officer.
Ancillary matters related to Required Assessments
For any cases which go to court following the initial and follow-up assessment but where RoB is not an issue i.e. where no bail decision is to be made, the fact of the assessment having taken place may only be shared with the court with the individual's informed consent.
Restriction on Bail
Section 19 of the Criminal Justice Act 2003 amends the Bail Act 1976 by placing on the courts a new obligation when considering bail applications by defendants, who have tested positive for a specified Class A drug, namely heroin, cocaine or crack/cocaine.
The purpose of the provision is to reduce re-offending whilst on bail.
From 31st March 2006, this provision will apply across England and in the following individual case circumstances:
- is aged 18 or over; and
- has tested positive for a specified Class A drug either -
- under Section 63(B) of the Police and Criminal Evidence Act 1984 (drug testing after charge) in connection with the offence or
- under section 161 of the Criminal Justice Act 2003 (drug testing after conviction of an offence but before sentence); and
- either:
- the defendant has been charged with an offence under section 5(2) or 5(3) of the Misuse of Drugs Act 1971 (possession or possession with intent to supply) relating to a specified Class A drug, or
- the defendant has been charged with any offence which the court is satisfied was caused, wholly or partly, by the defendant's misuse of a specified Class A drug or was motivated, wholly or partly, by his intended use of a specified Class A drug. (NB: The combined evidence of a positive test plus the commission of a trigger offence will be sufficient to demonstrate that there are 'substantial grounds for believing that the offence in question was caused or motivated by the intended use of a specified class A drug'; and
- Where the person has either :
- been offered and agreed to undergo a relevant assessment; or
- undergone a relevant assessment and been offered and agreed to participate in the relevant follow-up;
The court, if it grants bail, shall impose as a condition of bail that the person undergo the relevant assessment and any proposed follow up or, where the person has already undergone a relevant assessment, participate in the relevant follow-up.
Where the person has been offered but refuses to undergo a relevant assessment or, where the person has already undergone the relevant assessment, has been offered but refuses to participate in any follow-up, the court may not grant bail unless it is satisfied that there is no significant risk of the person committing an offence while on bail.
Does 'RoB' apply if a defendant has refused to provide a sample?
It does not apply when a defendant has refused to provide a sample for drug testing as a positive test is a prerequisite for the provision's application.
Procedure in court
Usually, RoB will be initially considered when the defendant first appears in court having been charged with a relevant offence. However, it would also apply where the court is considering whether or not to grant bail on a second or subsequent occasion.
For the court to consider whether the RoB provisions are applicable there must be evidence before the court that the defendant has tested positive for a specified Class A drug (heroin/cocaine/crack).
Duties of police and prosecutor
The police have responsibility for ensuring that the result of the drug test is on file.
The onus is on the CPS to bring the test result to the attention of the court along with any other relevant information, to enable the court when deciding bail to consider whether the RoB provisions should apply.
Even where the positive test result relates to a sample taken some weeks before a defendant's appearance in court for the related offence, the restriction on bail provision should be considered.
The CPS must also inform the court whether the defendant has been offered and or undertaken a relevant assessment - the RoB assessment - (within the meaning of the Bail Act 1976), and provide any other relevant information about the outcome. This will include whether the assessment was offered/undertaken under voluntary arrangements or was an initial/follow-up assessment imposed by the police under the required assessment provisions in the Drugs Act 2005 and, if so, whether this met the purposes of a RoB assessment.
Section 17(4) of the Drugs Act 2005 provides for the drug assessor who conducted the initial assessment to disclose information relating to initial assessment to enable the court to determine whether the assessment meets the requirement of RoB. This does not, however, apply to the follow-up assessment - any information from the follow-up assessment can only be disclosed to the court with the individual's consent.
Eligibility for RoB should be considered at charge and the MG3 should contain details of RoB.
Prosecutors must bring 'RoB' to the court's attention when necessary - including negative as well as positive results, and compliance with the conditions of RoB.
After the hearing, the DT2 must be signed by the prosecutor in order to confirm that s. 19 was dealt with, and the file endorsed accordingly.
Relationship between Testing at Arrest and Restriction on Bail
Section 63B(7)(a) of the PACE Act 1984 enables information obtained from a positive sample on arrest to be disclosed for the purpose of informing any decision about granting bail. For the purposes of RoB, a positive test on arrest is treated in the same way as a positive test on charge.
Accordingly, the RoB provisions are applicable when a defendant has tested positive on arrest, and, during the same period of detention, the person is charged with that offence or charged with a different trigger offence (or an offence where an inspector's authorisation is applicable), in the same way as a positive test after charge.
The police have responsibility for ensuring that the result of the drug test is on file while the CPS has responsibility for ensuring that it is communicated to the court.
Case dealt with (disposed of) at first hearing
When a case is disposed of at the first hearing following pleas of guilty to one or more offences, the drug test result should be made known to the court so that it can be taken into account in sentencing outcome (see below). Note that information from the assessment may be made known to the court only with the individual's consent.
Case not dealt with (disposed of) at first hearing - Is individual eligible for RoB?
The court has a duty when deciding bail to consider whether RoB conditions should be applied to the defendant.
Where a defendant has previously refused to undergo an assessment on a voluntary basis or has failed to attend their required assessment, it is open to the court to ask the defendant at the time of the bail hearing whether they wish to reconsider their refusal to undertake an assessment, and agree to undergo a relevant assessment and participate in any relevant follow-up and to inform them of the possible consequences of such a refusal.
Individual does not agree to RoB conditions
Where the defendant does not agree to the conditions the court is obliged to refuse bail unless satisfied that there is no significant risk of offending on bail.
No Required Assessment has been completed
Due to the short time between the person being required by the police to attend a required initial and follow-up assessment and appearing in court, it may not have been possible for the required assessment (initial or follow-up) to take place. Under the Drugs Act any outstanding requirement for a person to attend a required assessment ceases to have effect if a person is granted bail with RoB conditions by a court in respect of the offence which triggered the drugs test.
Prosecutors should ensure that this information is brought to the attention of the court.
Failure to attend and undergo the Assessment and participate in any follow-up appointments
If a defendant:
- fails to undergo a relevant RoB assessment; and/or
- fails to participate in any proposed follow-up;
then conditions of bail have been breached, and that procedure takes over. Refer to Bail
Sentencing
The court should take into account any assessment and treatment that has been undertaken as a result of a defendant having restriction on bail conditions attached to their bail, if the court considers at a later stage the passing of a community or other sentence. This will ensure continuity of care. It is open for the court in each case where there has been a restriction on bail condition, to ask the probation service to provide a pre-sentence report. This would reduce the possibility of duplicating assessments and treatment. With the issuing of a pre-sentence report, the court will be able to ensure that any sentence passed, follows on from the treatment already provided as a result of the earlier assessment. It will also ensure that the defendant is not forced under law to undergo two of the same assessments/follow-up, which may indeed discourage him from complying with any treatment requirement.
Annex A - List of police force areas, BCUs and custody suites eligible for adult drug testing
Section 1 - sites that drug test on arrest
| Police Force | BCU name | Custody suite name |
|---|---|---|
| Avon and Somerset | Bristol Central | Trinity Road |
| Bristol North | Southmead | |
| Bristol South | Knowle West | |
| Bedfordshire | Luton | Luton Police Station |
| Cambridgeshire | Peterborough | Thorpe Wood |
| Peterborough | Bridge Street | |
| Cleveland | Middlesbrough | Middlesbrough HQ |
| Hartlepool | Middlesbrough HQ | |
| Stockton | Middlesbrough HQ | |
| City of London | City of London | Snow Hill |
| City of London | Bishopsgate | |
| Greater Manchester Police | Bolton | Bolton Central |
| Bolton | Astely Bridge | |
| North Manchester | Pendleton | |
| North Manchester | Bootle Street | |
| North Manchester | Grey Mare Lane | |
| North Manchester | Collyhurst | |
| Oldham | Oldham | |
| Rochdale | Rochdale | |
| Rochdale | Middleton | |
| Salford | Swinton | |
| South Manchester | Elizabeth Slinger Road | |
| Metropolitan | Longsight | |
| Tameside | Ashton-under-Lyne | |
| Trafford | Stretford | |
| Trafford | Altrincham | |
| Bury | Bury | |
| Stockport | Cheadle Heath | |
| Wigan | Wigan | |
| Wigan | Leigh | |
| Humberside | D Division | Queens Gardens |
| D Division | Priory Road | |
| A Division | Grimsby | |
| B Division | Scunthorpe | |
| Leicestershire | Central | Euston Street |
| East | Hamilton | |
| West | Beaumont Leys | |
| Merseyside | Liverpool North | St Anne Street |
| Liverpool South | Wavertree | |
| Liverpool South | Belle Vale | |
| Liverpool South | Copy Lane | |
| Wirral | Wirral | |
| Metropolitan Police Service | Brent | Kilburn |
| Brent | Wembley | |
| Camden | Albany Street | |
| Camden | Holborn | |
| Camden | Kentish Town | |
| Croydon | Croydon | |
| Croydon | South Norwood | |
| Ealing | Acton | |
| Ealing | Southall | |
| Enfield | Edmonton | |
| Enfield | Enfield | |
| Greenwich | Greenwich | |
| Greenwich | Plumstead | |
| Greenwich | Woolwich | |
| Hackney | Stoke Newington | |
| Hackney | Shoreditch | |
| Hackney | Hackney | |
| Hammersmith &Fulham | Hammersmith | |
| Hammersmith & Fulham | Fulham | |
| Hammersmith & Fulham | Shepherds Bush | |
| Haringey | Tottenham | |
| Haringey | Hornsey | |
| Haringey | Wood Green | |
| Hounslow | Hounslow | |
| Hounslow | Chiswick | |
| Islington | Islington | |
| Kensington & Chelsea | Chelsea | |
| Kensington & Chelsea | Kensington | |
| Kensington & Chelsea | Notting Hill | |
| Lambeth | Brixton | |
| Lambeth | Kennington | |
| Lambeth | Streatham | |
| Lewisham | Lewisham | |
| Newham | Forest Gate | |
| Newham | Plaistow | |
| Redbridge | Barkingside | |
| Redbridge | Ilford | |
| Southwark | Peckham | |
| Southwark | Walworth | |
| Tower Hamlets | Bethnal Green | |
| Tower Hamlets | Limehouse | |
| Waltham Forest | Chingford | |
| Waltham Forest | Walthamstow | |
| Wandsworth | Battersea | |
| Wandsworth | Tooting | |
| Wandsworth | Wandsworth | |
| Westminster | Belgravia | |
| Westminster | Charing Cross | |
| Westminster | Marylebone | |
| Westminster | Paddington | |
| Westminster | West End Central | |
| Northamptonshire | Northampton | Campbell Square |
| Northampton | Weston Favell | |
| Northumbria | Newcastle | Pilgrim Street |
| Newcastle | East | |
| Newcastle | Central | |
| Newcastle | North | |
| Sunderland | City- Southwick | |
| Sunderland | City - Gillbridge Road | |
| Sunderland | Washington | |
| Gateshead | Whickham | |
| Gateshead | Gateshead | |
| Nottinghamshire | Mansfield and Ashfield | Mansfield |
| Bassetlaw | Newark | |
| Bassetlaw | Worksop | |
| Nottingham City | Bridewell | |
| Nottingham City | Oxclose Lane | |
| South Nottingham | Carlton | |
| South Yorkshire | Doncaster | Doncaster |
| Sheffield 1 | Bridge Street | |
| Sheffield 1 | Attercliffe | |
| Sheffield 2 | Ecclesfield | |
| Sheffield 2 | Moss Way | |
| Barnsley | Barnsley | |
| South Yorkshire | Rotherham | Rotherham |
| Thames Valley | Oxford | Oxford - St. Aldates |
| West Berkshire | Reading Central | |
| West Berkshire | Lodden Valley | |
| East Berkshire | Slough | |
| West Midlands | D1 - Aston | Queens Road |
| D1 - Erdington | Erdington Road | |
| D2 - Sutton Coldfield | Lichfield Road | |
| D3 | Stechford | |
| E1 | Bourneville Lane | |
| E2 | Kings Heath | |
| E3 | Belgrave Road | |
| F1 | Steelhouse Lane | |
| F1 | Digbeth Police Lane | |
| F2 | Rose Road | |
| F3 | Thornhill Road | |
| G1 | Bliston Street | |
| G1 | Birmingham Road | |
| G2 | Wednesfield | |
| H1 | Walsall | |
| H2 | Bloxwich | |
| J1 | Brierly Hill | |
| J1 | Dudley Police Station | |
| J2- | Halesowen | |
| J2 | Stourbridge police station | |
| K1 | West Bromwich | |
| K2 | Smethwick | |
| L 1 | Solihull | |
| L2 | Solihull North | |
| M1- Coventry Centre | Little Park Street | |
| M2 | Chace Avenue | |
| M3 | Stoney Stanton | |
| West Yorkshire | Bradford (N) | Bradford North |
| Bradford (S) | Bradford South | |
| Calderdale | Halifax | |
| North East Leeds | Stainbeck | |
| North East Leeds | Killingbeck | |
| City & Holbeck | City & Holbeck | |
| West Yorkshire | Keighley | Keighley |
| Pudsey Weetwood | Pudsey | |
| Pudsey Weetwood | Weetwood | |
| Kirklees | Dewsbury | |
| Kirklees | Huddersfield | |
| Wakefield | Wakefield | |
| Pontefract | Wakefield |
Section 2 - sites that drug test after charge only
| Police Force | BCU name | Custody suite name |
|---|---|---|
| Bedfordshire | North Bedfordshire | Greyfriars Police Station |
| Devon and Cornwall | South and West Devon | Torquay |
| Lancashire | Western | Blackpool |
| Gwent | A Division | Newport |
| North Wales | Eastern | Wrexham |
| Staffordshire | Chase | Stafford |
| Chase | Cannock | |
| Chase | Rugeley | |
| South Wales | Cardiff | Cardiff |
| Cardiff | Fairwater | |
| Cardiff | Rumney | |
| Cardiff | Roath | |
| Swansea | Swansea |
Annex B - Trigger offences applicable to drug testing from 15 January 2007
Offences under the following provisions of the Theft Act 1968:
- Section 1 (theft)
- Section 8 (robbery)
- Section 9 (burglary)
- Section 10 (aggravated burglary)
- Section 12 (taking motor vehicle or other conveyance without authority)
- Section 12A (aggravated vehicle-taking)
- Section 22 (handling stolen goods)
- Section 25 (going equipped for stealing, etc.)
Offences under the following provisions of the Misuse of Drugs Act 1971, if committed in respect of a specified Class A drug:
- Section 4 (restriction on production and supply of controlled drugs)
- Section 5(2) (possession of controlled drug)
- Section 5(3) (possession of controlled drug with intent to supply)
Offences under the following provisions of the Fraud Act 2006:
- Section 1 (fraud)
- Section 6 (possession etc. of articles for use in frauds)
- Section 7 (making or supplying articles for use in frauds)
An offence under section 1(1) of the Criminal Attempts Act 1981, if committed in respect of an offence under any of the following provisions of the Theft Act 1968:
- Section 1 (theft)
- Section 8 (robbery)
- Section 9 (burglary)
- Section 22 (handling stolen goods)
Offences under the following provisions of the Vagrancy Act 1824 :
- Section 3 (begging)
- Section 4 (persistent begging)
Annex C & Annex D: To link to these, please see Index above
Annex E Required Assessment Form (RA1)
SECTION 9 (2) AND 10 (2) DRUGS ACT 2005 - WRITTEN NOTICE OF REQUIRED ASSESSMENT
Date of issue:.............................................. Arrest/Custody ref. no:......................................................
Date and time #arrested/charged:............. .............................................................................................
Test disputed and sent to FSS:.................. #yes/no
Name..........................................................Address..............................................................................
DOB........................................................... ...........................................................................................
Tel:............................................................. Post Code..........................................................................
Having given a sample under section 63B of the Police and Criminal Evidence Act 1984 and an analysis of that sample having revealed that a specified Class A drug may be present in your body, you are required, in accordance with Section 9 (2) of the Drugs Act 2005, to attend an initial assessment with a suitably qualified person (drugs worker) and remain for the duration of it. . You are also required, in accordance with Section 10 (2) of the Drugs Act 2005, to attend and remain for the duration of a follow-up assessment with a suitably qualified person (drugs worker), unless you are informed at the initial assessment that you are no longer required to do so..
The initial assessment will take place at the following place and at the stated date and time:
Place (e.g. name of custody suite/ office of named agency /other):
................................................................................................................................................................
Address:..................................................... Date:...............................................................................
.................................................................... Time:...............................................................................
.................................................................... Tel:..................................................................................
If your sample has been sent to the authorised laboratory for further analysis and this analysis does not reveal that a specified class A drug was present in your body, the police will notify you of this in writing and will confirm that you are no longer required to attend your initial [and follow-up] assessment[s]. You should attend your initial assessment unless you are given such written notification by the police.
If the time or place of your initial assessment needs to be changed you will be notified by a police officer or suitably qualified person (drugs worker) in writing.
You should retain this notice and take it with you to your initial assessment appointment.
The person conducting your initial assessment will, unless he informs you that you are no longer required to attend the follow-up assessment, give you written notice confirming the date, time and place of your follow-up assessment.
The initial assessment will be conducted by (name of organisation / CJIT / agency):
.....................................................................................................................................................................
WARNING
You have already received an oral warning that you will be guilty of an offence under Section 12 (3) of the Drugs Act 2005 and will be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine of up to £2500 (level 4 on the standard scale) or both if you fail without good cause to attend the initial assessment and remain for its duration. You will also be guilty of an offence under Section 14 (3) of the Drugs Act 2005 and will be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine of up to £2500 (level 4 on the standard scale) or both if you fail without good cause to attend the follow-up assessment and remain for its duration.
The oral warning was given to you on [date] at [time] at [location] by [named police officer]
This notice repeats that warning in writing in accordance with the Drugs Act 2005.
| Title | Details of Police Officer requiring the assessment[s] | Details of Recipient (and appropriate adult if relevant) |
|---|---|---|
| Signed: | ||
| Name Printed: | ||
| Date | ||
| Time: | ||
| Job Title: | ||
| Location: |
#delete where appropriate
A copy of this form will be given to you before you are released from police custody, a copy will be held on your custody record and a copy sent to the organisation named above which will be conducting the assessment.
Annex F - Required Assessment Form (RA2)
SECTIONS 9 (2) /10 (2) DRUGS ACT 2005 - WRITTEN NOTICE OF REQUIRED ASSESSMENT - VARIED APPOINTMENT TIME
Date of issue:...................................................... Arrest/Custody ref. no:.................................................
Name .................................................................. Address: ........................................................................
DOB ................................................................... ........................................................................................
Tel ......................................................................Post Code.......................................................................
You have been and continue to be required to attend an initial/follow-up assessment# and to remain for the duration of it in accordance with section 9(2)/10(2)# of the Drugs Act 2005. This form gives notice in writing that the arrangements made for that assessment which were notified to you in an earlier notice dated .................(insert date) have been changed.
The assessment will now take place at the following place and at the stated date and time:
Place (e.g. name of custody suite / office of named agency /other):
....................................................................................................................................................................
Address:..............................................................Date : ...........................................................................
.............................................................................Time: ............................................................................
.............................................................................Tel:................................................................................
The assessment will be conducted by (name of organisation / CJIT / agency):
.....................................................................................................................................................................
WARNING
You will be guilty of an offence under section 12 (3) of the Drugs Act 2005 and will be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine of up to £2500 (level 4 on the standard scale) or both if you fail without good cause to attend the initial assessment and remain for its duration. [You will also be guilty of an offence under section 14(3) of the Drugs Act 2005 and will be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine of up to £2500 (level 4 on the standard scale) or both if you fail without good cause to attend the follow-up assessment and remain for its duration.]
| Details of Police Officer / Assessor requiring / changing assessment arrangements | Details of Recipient (and appropriate adult if relevant) if given in person | |
|---|---|---|
| Signed: | ||
| Name Printed: | ||
| Date | ||
| Time: | ||
| Job Title: | ||
| Location: |
You are no longer required to attend at the time notified to you in the previous notice dated
A copy of this form will be given to you and a copy held by the organisation named above which will be conducting the assessment. A copy may be held on your police custody record.
(# delete as appropriate)
Annex G - Required Assessment Form (RA3)
SECTIONS 12 (2) (INITIAL ASSESSMENT)/14 (2) (FOLLOW-ASSESSMENT)# DRUGS ACT 2005 - ATTENDED / REMAINED REPORT
Date of issue:........................................................Arrest/Custody ref. no.:...........................................Name.....................................................................Address ....................................................................
DOB ........................................................................................................................................................
Tel: ........................................................................Post Code ................................................................
was required to attend an initial/follow-up assessment# and remain for the duration of it, in accordance with Section 9 (2)/10 (2)# of the Drugs Act 2005.
The initial/follow-up# assessment was to take place at the following place and at the stated date and time:
Place (e.g. name of custody suite/ office of named agency /other):
...................................................................................................................................................................
Address:....................................................................................................................................................
...................................................................................................................................................................
Date : ..................................................................... Time: .......................................................................
The assessment was to be conducted by (name of organisation / CJIT / agency):
...................................................................................................................................................................
This is to confirm that the person named above attended/remained at an initial/follow-up:
BOX REQUIRED attended and remained for the duration of the above assessment,
BOX REQUIRED and the assessment fulfilled the purposes of a relevant assessment under Restriction on Bail provisions
If an initial assessment:
BOX REQUIRED an appointment for a follow-up assessment was not made and the person informed that he is no longer required to attend the follow-up assessment
BOX REQUIRED did not attend / remain for the duration of the assessment
If individual failed to attend / remain for the duration, please provide details including any contact from/with the individual, any reason for failure to attend / remain, whether the assessor made clear that the assessment was not complete before the individual left, whether the individual was violent or disruptive, whether RA2 issued
Details of person making this report
Signed: ................................................................. Date: ..........................................................................
Name printed: ...................................................... Time: ..........................................................................
Job title:....................................................................................................................................................
Contact details:........................................................................................................................................
(# delete as appropriate)
If individual attended and remained for the duration, this form should be retained on local CJIT records. If individual failed to attend or remain for the duration, the original must be sent to the police single point of contact (in the BCU where the requirement was made)
Annex H - Required Assessment Form (RA4)
SECTION 10 (2) DRUGS ACT 2005 - WRITTEN NOTICE OF FOLLOW-UP ASSESSMENT
Date of issue:................................................. Arrest/Custody ref. no:....................................................
Name:............................................................. Address:...........................................................................
DOB:.............................................................. ..........................................................................................
Tel:................................................................. Post Code:........................................................................
You have attended and remained for the duration of an initial assessment with a suitably qualified person (drugs worker) in compliance with the requirement imposed on you by a police officer in accordance with section 9(2) of the Drugs Act 2005. You were also required by the officer, in accordance with section 10(2) of the Drugs Act 2005 to attend at a follow-up assessment and remain for its duration. This notice is to confirm that you are required to attend and remain for the duration of the follow-up assessment and to confirm the details of that assessment.
The follow-up assessment will take place at the following place and at the stated date and time:
Place (e.g. office of named agency /other):
....................................................................................................................................................................
Address:......................................................... Date:.................................................................................
.........................................................................Time:.................................................................................
........................................................................ Tel:....................................................................................
You should retain this notice and take it with you to your follow-up assessment appointment
The assessment will be conducted by (name of organisation / CJIT / agency):
..................................................................................................................................................................Warning
You have already received an oral warning that you will be guilty of an offence under Section 14 (3) of the Drugs Act 2005 and will be liable on summary conviction to imprisonment for a term not exceeding 3 months or to a fine of up to £2500 (level 4 on the standard scale) or both if you fail without good cause to attend the follow-up assessment and remain for its duration.
This notice repeats that warning in writing in accordance with the Drugs Act 2005.
| Details of person requiring the assessment (drugs worker) | Details of Recipient (and appropriate adult if relevant) | |
|---|---|---|
| Signed: | ||
| Name Printed: | ||
| Date | ||
| Time: | ||
| Job Title: | ||
| Location: |
Annex I - Required Assessment Form (RA5)
SECTION 13(2) - NOTIFICATION THAT REQUIREMENT TO ATTEND AND REMAIN AT THE FOLLOW-UP ASSESSMENT CEASES
Date of issue:................................................... Arrest/Custody ref. no.:..............................................
Name:............................................................... Address:......................................................................
DOB:................................................................ .....................................................................................
Tel:................................................................... Post Code:...................................................................
You have attended and remained for the duration of an initial assessment with a suitably qualified person (drugs worker) in compliance with the requirement imposed on you by a police officer in accordance with section 9(2) of the Drugs Act 2005. You were also required by the officer, in accordance with section 10(2) of the same Act to attend a follow-up assessment and remain for its duration. This notice is to confirm that this requirement ceases and you are no longer required to attend and remain for the duration of a follow-up assessment.
Details of person making this report
Signed: ................................................................. Date: ..........................................................................
Name printed: ...................................................... Time: ..........................................................................
Job title:....................................................................................................................................................
Contact details:........................................................................................................................................
A copy of this form will be given to you and a copy held by the organisation named above who conducted the initial assessment. A copy may be held on your police custody record
Annex J - Basic Evidential Template
REQUIRED ASSESSMENT (DRUGS ACT 2005)
EVIDENTIAL STATEMENT OF FAILURE TO ATTEND / REMAIN FOR ASSESSMENT.
This statement is made by (name) ................................ on (date)................................ and is true to the best of my knowledge and belief and that I know that if it were tendered in evidence, I would be liable to prosecution if I willfully stated in it anything which I knew to be false or did not believe to be true, pursuant to section 9 CJA 1967.
Signed.....................................................................................
Statement must have section 9 CJA 1988 declaration and be signed and dated accordingly.
On (insert date)........................................................................
Name (insert name)...............................................................
tested positive for specified Class A drug(s) and was required to undergo an assessment
on (insert date) Date.
S/he was informed orally and in writing that an appointment date and time had been fixed by a Police officer for a required assessment to take place at the following location at the stated date and time:
Date (insert date, including day, date, month and year)......................................................................
Time (insert time)...................................................................................................................................
Location. (insert location of assessment including name of agency and full address)....................................
A copy of this written notice is exhibited as................................................................................................
BOX REQUIRED Complete this box if appropriate i.e. if appointment was re-arranged. The box may be expanded to show any number or re-arrangements. For each it will be necessary to confirm that written notice was given of the change. If the appointment was not re-arranged this box may be deleted.
on (insert date) Date.
S/he was informed orally (delete if not applicable) and in writing that appointment date and time had been re-arranged by a Police officer / assessor (delete as appropriate) and that the required assessment was now due to take place at the following location at the stated date and time:
Date (insert date, including day, date, month and year)................................
Time (insert time)................................
Location. (insert location of assessment including name of agency and full address)................................
A copy of this written notice is exhibited as................................
I can confirm that I was at the stated location on the given time and date and that
Name (insert name)................................
failed to attend the assessment /
failed to remain for the duration of the assessment (delete as appropriate).
FREETEXT: the statement giver in this section may elaborate on the individual facts of the case, including any contact made with the individual, any reason for failure to attend / remain, whether the assessor made clear that the assessment was to complete before the individual left, whether the individual was violent or disruptive.
Signed................................
Contact Details