Drugs Act 2005
| Jurisdiction | UK Non-devolved |
| Citation | 2005 c. 17 |
| Year | 2005 |
Drugs Act 2005
2005 Chapter 17
An Act to make provision in connection with controlled drugs and for the making of orders to supplement anti-social behaviour orders in cases where behaviour is affected by drug misuse or other prescribed factors.
[7th April 2005]
Be it enacted by the Queen's most Excellent Majesty, by and with the advice and consent of the Lords Spiritual and Temporal, and Commons, in this present Parliament assembled, and by the authority of the same, as follows:—
Part 1
Supply of controlled drugs
1 Aggravated supply of controlled drug
(1) After section 4 of the Misuse of Drugs Act 1971 (c. 38)
(restriction on production and supply of controlled drugs) insert—
4A ‘Aggravation of offence of supply of controlled drug
(1) This section applies if—
(a) a court is considering the seriousness of an offence under section 4(3) of this Act, and
(b) at the time the offence was committed the offender had attained the age of 18.
(2) If either of the following conditions is met the court—
(a) must treat the fact that the condition is met as an aggravating factor (that is to say, a factor that increases the seriousness of the offence), and
(b) must state in open court that the offence is so aggravated.
(3) The first condition is that the offence was committed on or in the vicinity of school premises at a relevant time.
(4) The second condition is that in connection with the commission of the offence the offender used a courier who, at the time the offence was committed, was under the age of 18.
(5) In subsection (3), a relevant time is—
(a) any time when the school premises are in use by persons under the age of 18;
(b) one hour before the start and one hour after the end of any such time.
(6) For the purposes of subsection (4), a person uses a courier in connection with an offence under section 4(3) of this Act if he causes or permits another person (the courier)—
(a) to deliver a controlled drug to a third person, or
(b) to deliver a drug related consideration to himself or a third person.
(7) For the purposes of subsection (6), a drug related consideration is a consideration of any description which—
(a) is obtained in connection with the supply of a controlled drug, or
(b) is intended to be used in connection with obtaining a controlled drug.
(8) In this section—
"school premises" means land used for the purposes of a school excluding any land occupied solely as a dwelling by a person employed at the school; and
(a) in England and Wales, as in section 4 of the Education Act 1996;
(b) in Scotland, as in section 135(1) of the Education (Scotland) Act 1980;
(c) in Northern Ireland, as in Article 2(2) of the Education and Libraries (Northern Ireland) Order 1986.
’
(2) Section 4A of the Misuse of Drugs Act 1971 (c. 38)
(inserted by subsection (1) above) does not apply to an offence committed before this section comes into force.
2 Proof of intention to supply a controlled drug
(1) The Misuse of Drugs Act 1971 is amended as follows.
(2) In section 5 (restriction of possession of controlled drugs), after subsection (4) insert—
‘(4A) In any proceedings for an offence under subsection (3) above, if it is proved that the accused had an amount of a controlled drug in his possession which is not less than the prescribed amount, the court or jury must assume that he had the drug in his possession with the intent to supply it as mentioned in subsection (3).
(4B) Subsection (4A) above does not apply if evidence is adduced which is sufficient to raise an issue that the accused may not have had the drug in his possession with that intent.
(4C) Regulations under subsection (4A) above have effect only in relation to proceedings for an offence committed after the regulations come into force.
’
(3) In section 31 (general provisions as to regulations)—
(a) in subsection (2), after ‘which shall’ insert ‘, except as provided by subsection (2A),’;
(b) after subsection (2) insert—
‘(2A) A statutory instrument containing regulations under section 5(4A) of this Act shall not be made unless a draft of the instrument has been laid before, and approved by a resolution of, each House of Parliament.
’;
(c) after subsection (4) insert—
‘(4A) Subsection (4) does not apply in relation to regulations under section 5(4A) of this Act.
’
(4) In section 38 (special provisions as to Northern Ireland) after subsection (1) insert—
‘(1A) Subsection (1) does not apply, in relation to regulations under section 5(4A) of this Act, to the reference to the Secretary of State in the definition of ‘prescribed’ in section 37(1) of this Act.
’
Part 2
Police powers relating to drugs
3 Drug offence searches: England and Wales
(1) Section 55 of the Police and Criminal Evidence Act 1984 (c. 60)
(intimate searches) is amended as follows.
(2) After subsection (3) insert—
‘(3A) A drug offence search shall not be carried out unless the appropriate consent has been given in writing.
(3B) Where it is proposed that a drug offence search be carried out, an appropriate officer shall inform the person who is to be subject to it—
(a) of the giving of the authorisation for it; and
(b) of the grounds for giving the authorisation.
’
(3) After subsection (10) insert—
‘(10A) If the intimate search is a drug offence search, the custody record relating to that person shall also state—
(a) the authorisation by virtue of which the search was carried out;
(b) the grounds for giving the authorisation; and
(c) the fact that the appropriate consent was given.
’
(4) In subsection (11), for ‘subsection (10)’ substitute ‘subsections (10) and (10A)’.
(5) After subsection (13) insert—
‘(13A) Where the appropriate consent to a drug offence search of any person was refused without good cause, in any proceedings against that person for an offence—
(a) the court, in determining whether there is a case to answer;
(b) a judge, in deciding whether to grant an application made by the accused under paragraph 2 of Schedule 3 to the Crime and Disorder Act 1998 (applications for dismissal); and
(c) the court or jury, in determining whether that person is guilty of the offence charged,
may draw such inferences from the refusal as appear proper.
’
(6) In subsection (17) at the appropriate place insert—
"‘appropriate officer" means— (a) a constable, (b) a person who is designated as a detention officer in pursuance of section 38 of the Police Reform Act 2002 if his designation applies paragraph 33D of Schedule 4 to that Act, or (c) a person who is designated as a staff custody officer in pursuance of section 38 of that Act if his designation applies paragraph 35C of Schedule 4 to that Act;
’.
4 Drug offence searches: Northern Ireland
(1) Article 56 of the Police and Criminal Evidence (Northern Ireland) Order 1989 (S.I. 1989/1341
) (intimate searches) is amended as follows.
(2) After paragraph (3) insert—
‘(3A) A drug offence search shall not be carried out unless the appropriate consent has been given in writing.
(3B) Where it is proposed that a drug offence search be carried out, a constable shall inform the person who is to be subject to it—
(a) of the giving of the authorisation for it; and
(b) of the grounds for giving the authorisation.
’
(3) After paragraph (10) insert—
‘(10A) If the intimate search is a drug offence search, the custody record relating to that person shall also state—
(a) the authorisation by virtue of which the search was carried out;
(b) the grounds for giving the authorisation; and
(c) the fact that the appropriate consent was given.
’
(4) In paragraph (11), for ‘paragraph (10)’ substitute ‘paragraphs (10) and (10A)’.
(5) After paragraph (13) insert—
‘(13A) Where the appropriate consent to a drug offence search of any person was refused without good cause, in any proceedings against that person for an offence—
(a) the court, in determining whether to commit the accused for trial or whether there is a case to answer;
(i) Article 5 of the Criminal Justice (Serious Fraud) (Northern Ireland) Order 1988 (application for dismissal of charges where a case of fraud has been transferred from a magistrates' court to the Crown Court under Article 3 of that Order); or
(ii) paragraph 4 of Schedule 1 to the Children's Evidence (Northern Ireland) Order 1995 (application for dismissal of charge of violent or sexual offence involving child in respect of which notice of transfer has been given under Article 4 of that Order); and
(c) the court or jury, in determining whether that person is guilty of the offence charged,
may draw such inferences from the refusal as appear proper.
’
5 X-rays and ultrasound scans: England and Wales
(1) After section 55 (intimate searches) of the Police and Criminal Evidence Act 1984 (c. 60)
insert—
55A ‘X-rays and ultrasound scans
(1) If an officer of at least the rank of inspector has reasonable grounds for believing that a person who has been arrested for an offence and is in police detention—
(a) may have swallowed a Class A drug, and
(b) was in possession of it with the appropriate criminal intent before his arrest,
the officer may authorise that an x-ray is taken of the person or an ultrasound scan is carried out on the person (or both).
(2) An x-ray must not be taken of a person and an ultrasound scan must not be carried out on him unless the appropriate consent has been given in writing.
(3) If it is proposed that an x-ray is taken or...
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