BAILII is celebrating 24 years of free online access to the law! Would you consider making a contribution?
No donation is too small. If every visitor before 31 December gives just £1, it will have a significant impact on BAILII's ability to continue providing free access to the law.
Thank you very much for your support!
 |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] | |
United Kingdom Statutory Instruments |
||
|
You are here: BAILII >> Databases >> United Kingdom Statutory Instruments >> The Criminal Justice (Specified Class A Drugs) Order 2023 No. 784 URL: http://www.bailii.org/uk/legis/num_reg/2023/uksi_2023784_en_1.html |
||
[New search] [Help]
This is the original version (as it was originally made). This item of legislation is currently only available in its original format.
Statutory Instruments
Criminal Law, England And Wales
Made
10th July 2023
Laid before Parliament
12th July 2023
Coming into force
2nd August 2023
The Secretary of State makes the following Order in exercise of the power conferred by section 70(1) of the Criminal Justice and Court Services Act 2000( 1).
1.—(1) This Order may be cited as the Criminal Justice (Specified Class A Drugs) Order 2023 and comes into force on 2nd August 2023.
(2) This Order extends to England and Wales.
2. For the purposes of section 70(1) of the Criminal Justice and Court Services Act 2000( 2), the term “specified Class A drugs”( 3) means the substances and products specified in paragraphs 1 to 5 of Part 1 (Class A drugs) of Schedule 2 to the Misuse of Drugs Act 1971( 4).
3. The Criminal Justice (Specified Class A Drugs) Order 2001( 5) is revoked.
Chris Philp
Minister of State
Home Office
10th July 2023
(This note is not part of the Order)
This Order specifies Class A drugs for the purposes of Part 3 of the Criminal Justice and Court Services Act 2000 (c. 43)(“ the 2000 Act”).
Article 2 specifies the Class A drugs for which offenders who are subject to a drug testing licence condition, upon release from prison, can be tested (under section 64 of the 2000 Act). Specifically, the substances and products specified in paragraphs 1 to 5 of Part 1 (Class A drugs) of Schedule 2 to the Misuse of Drugs Act 1971 (c. 38), on the date this order enters into force (2nd August 2023), are “specified Class A drugs” for that purpose.
Additionally, as a consequence of other legislation relying on the definition of “specified Class A drug” in Part 3 of the 2000 Act, Article 2 also has the effect of setting out the Class A drugs for which:
testing in police detention may be carried out (under section 63B of the Police and Criminal Evidence Act 1984 (c. 60)),
persons may be required to attend assessments of their drug misuse following testing in police detention (under Part 3 of the Drugs Act 2005 (c. 17)),
persons may be required to attend an assessment and/or follow up assessment relating to their drug dependency or misuse as a condition of bail (under section 3(6D) of the Bail Act 1976 (c. 63)),
pre-sentence drug testing requirements may be imposed (under section 34A of the Sentencing Act 2020 (c. 17)(which is not yet commenced)),
offenders may be tested when they are subject to post sentence supervision requirements (under section 256D of the Criminal Justice Act 2003 (c. 44)); and
testing measures which may be imposed in respect of Terrorism Prevention and Investigation Measure subjects (under paragraph 10ZB of Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011 (c. 23)).
Article 3 of this Order revokes the Criminal Justice (Specified Class A Drugs) Order 2001 ( S.I. 2001/1816), the provisions of which are re-enacted, with amendments, by this Order.
A full impact assessment of the effect that this instrument will have on the costs of business and the voluntary sector and community bodies is available fromwww.legislation.gov.uk. A hard copy can be obtained by writing to the Drugs Misuse Unit of the Home Office at 2 Marsham Street, London, SW1P 4DF.
2000 c. 43(“ the 2000 Act”). Section 70(1) was amended by section 11(1) and (3) of the Offender Rehabilitation Act 2014 (c. 11). There are other amendments to section 70 which are not relevant to this instrument.
The specification also has effect, accordingly, for the purposes of section 3(6E) of, and paragraph 6B(3) of Part 1 of Schedule 1 to, the Bail Act 1976 (c. 63); section 63C(6) of the Police and Criminal Evidence Act 1984 (c. 60); section 256D(6) of the Criminal Justice Act 2003 (c. 44); section 19(3) of the Drugs Act 2005 (c. 17); paragraph 10ZB(2) of Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011 (c. 23); and section 34A(7) of the Sentencing Act 2020 (c. 17)(which is not yet commenced). These provisions provide that specified Class A drugs, for the purposes set out in those provisions, have the same meaning as in Part 3 of the 2000 Act.
Class A drug is defined in section 70(1) of 2000 Act to have the same meaning as in the Misuse of Drugs Act 1971 (c. 38)(“ the 1971 Act”). See section 2 of the 1971 Act for the definition of “Class A drug” under that Act.
1971 c. 38. Part I of Schedule 2 has been amended by section 21 of the Drugs Act 2005 (c. 17)and S.I. 1973/771, 1975/421, 1977/1243, 1979/299, 1983/765, 1984/859, 1986/2230, 1990/2589, 1998/750, 2001/3932, 2003/1243, 2003/3201, 2006/3331, 2011/744, 2014/1106, 2014/3271, 2015/215and 2017/634.
