- Statutory Instrument 2003 No. 704
The Police and Criminal Evidence Act 1984(Codes of Practice) (Modifications to Codes C and D)(Certain Police Areas) Order 2003
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| Made | 13th March 2003 | ||
| Laid before Parliament | 14th March 2003 | ||
| Coming into force | 1st April 2003 |
In exercise of the powers conferred on him by section 67(7A) of the Police and Criminal Evidence Act 1984[1], the Secretary of State hereby makes the following Order:
1. This Order may be cited as the Police and Criminal Evidence Act 1984 (Codes of Practice) (Modifications to Codes C and D) (Certain Police Areas) Order 2003 and shall come into force on 1st April 2003.
2. Subject to article 3:
-
(a) the code of practice for the detention, treatment and questioning of persons by police officers (Code C), and
(b) the code of practice for the identification of persons by police officers (Code D),
for the time being in force[2] are to be treated as having effect with the modifications set out in the Schedule to this Order.
3.
The modifications to Codes C and D made by article 2 shall have effect only in the following police areas[3]:
-
(a) Avon and Somerset;
(b) Bedfordshire;
(c) Cleveland;
(d) Devon and Cornwall;
(e) Greater Manchester;
(f) Humber;
(g) Lancashire;
(h) Merseyside;
(i) the metropolitan police district;
(j) North Wales;
(k) Nottinghamshire;
(l) South Yorkshire;
(m) Staffordshire;
(n) Thames Valley; and
(o) West Yorkshire.
4.
The following Orders are hereby revoked -
-
(a) the Police and Criminal Evidence Act 1984 (Codes of Practice) (Temporary Modifications to Code D) Order 2002[4];
(b) the Police and Criminal Evidence Act 1984 (Codes of Practice) (Modifications to Code C and Code D) (Certain Police Areas) Order 2002[5]; and
(c) the Police and Criminal Evidence Act 1984 (Codes of Practice) (Modifications to Code C and Code D) (Certain Police Areas) (Amendment) Order 2002[6].
John Denham
Minister of State
Home Office
13th March 2003
1. In Code C,
(1) after paragraph 1.5, insert the following:
-
"
1.5A
If anyone appears to be under the age of 18 then they shall be exempt from drug testing under section 17 of this Code in the absence of clear evidence that they are older."; and
(2) after section 16, insert the following:
-
"
17.
Testing persons for the presence of specified Class A drugs
17.1 A sample of urine or a non-intimate sample may be taken from a person in police detention for the purpose of ascertaining whether he has any specified Class A drug in his body if:
-
(a) he has been charged with a trigger offence, or
(b) he has been charged with an offence and a police officer of inspector rank or above, who has reasonable grounds for suspecting that the misuse by him of any specified Class A drug caused or contributed to the offence, has authorised the sample to be taken.
17.2
The person from whom the sample is taken must have attained the age of 18.
17.3
A police officer must have requested the person concerned to give the sample.
17.4
Before requesting a sample from the person concerned, an officer must:
-
(a) inform him that the purpose of taking the sample is for drug testing under PACE. This is to ascertain whether he has a specified Class A drug present in his body;
(b) warn him that if, when requested, he fails without good cause to provide a sample he may be liable to prosecution;
(c) where the taking of the sample has been authorised by an inspector or above under paragraph 17.1(b) of this Code, inform him that the authorisation has been given and the grounds for giving it;
(d) remind him of the following rights, which may be exercised at any stage during the period in custody:
-
(i) the right to have someone informed of his arrest [see section 5];
(ii) the right to consult privately with a solicitor and that free independent legal advice is available [see section 6]; and
(iii) the right to consult these Codes of Practice [see section 3].
17.5
Authorisation by an officer of the rank of inspector or above may be given orally or in writing but, if it is given orally, it must be confirmed in writing as soon as practicable.
17.6
Custody officers may authorise continued detention for up to six hours from the time of charge to enable a sample to be taken.
17.7 If a sample is taken following authorisation by an officer of the rank of inspector or above, the authorisation and the grounds for suspicion must be recorded in the custody record.
17.8 The giving of a warning of the consequences of failure to provide a specimen must be recorded in the custody record.
17.9 The time of charge and the time at which the sample was given must be recorded in the custody record.
17.10 A sample may only be taken by a prescribed person.
17.11 Force may not be used to take any sample for the purpose of drug testing.
17.12 The terms "Class A drug" and "misuse" have the same meanings as in the Misuse of Drugs Act 1971. "Specified" (in relation to a Class A drug) and "trigger offence" have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000.
17.13 Any sample taken:
-
(a) may not be used for any purpose other than to ascertain whether the person concerned has a specified Class A drug present in his body; and
(b) must be retained until the person concerned has made his first appearance before the court.
Notes for guidance
17A
When warning a person who is asked to provide a urine or non-intimate sample in accordance with paragraph 17.1, the following form of words may be used:
-
"
You do not have to provide a sample, but I must warn you that if you fail or refuse without good cause to do so, you will commit an offence for which you may be imprisoned, or fined, or both".
17B
A sample has to be sufficient and suitable. A sufficient sample is sufficient in quantity and quality to enable drug testing analysis to take place. A suitable sample is one which, by its nature, is suitable for a particular form of drug analysis.
17C
A prescribed person in paragraph 17.10 is one who is prescribed in regulations made by the Secretary of State under section 63B(6) of the Police and Criminal Evidence Act 1984.
17D
The retention of the sample in paragraph 17.13 allows for the sample to be sent to the Forensic Science Service laboratory for confirmatory testing and analysis if the detainee disputes the test. But such samples, and the information derived from them, may not be subsequently used in the investigation of any offence or in evidence against the persons from whom they were taken.
17E
Trigger offences include: from the Theft Act 1968 - theft, robbery, burglary, aggravated burglary, taking a motor vehicle (or other conveyance) without authority, aggravated vehicle-taking, obtaining property by deception, going equipped for stealing etc.; and from the Misuse of Drugs Act 1971(but only if committed in respect of a specified Class A drug) - producing and supplying a controlled drug, possessing a controlled drug, and possessing a controlled drug with intent to supply."
2.
In Code D, after paragraph 6E of the Notes for guidance, insert the following:
-
"
6F Samples of urine and non-intimate samples taken in accordance with sections 63B and 63C of PACE may not be used for identification purposes in accordance with this Code."
(This note is not part of the Order)
This Order revokes, with effect from 1st April 2003, the Orders listed in article 4 which made modifications to Code C and Code D of the codes of practice issued under section 67 of the Police and Criminal Evidence Act 1984. The modifications were either temporary or applied only in certain police areas where the provisions of section 63B of the Police and Criminal Evidence Act 1984 (c. 60) (testing for presence of Class A drugs) were being piloted.
Fully revised versions of those Codes C and D are to be brought into force on 1st April 2003 by the Police and Criminal Evidence Act 1984 (Codes of Practice) (Codes B to E) (No. 2) Order 2003 (S.I. 2003/703) and are available for purchase from The Stationery Office. The modifications set out in the Schedule to this Order will apply to Codes C and D in the police areas specified in article 3 where the piloting will continue. The modifications are in substantially the same form as those revoked by this Order.
Notes:
[1] 1984 c. 60; section 67(7A) was inserted by section 77 of the Criminal Justice and Police Act 2001 (c. 16).back
[2] Revised versions of Codes C and D are brought into force on 1st April 2003 by the Police and Criminal Evidence Act 1984 (Codes of Practice) (Codes B to E) (No.2) Order 2003 (S.I. 2003/703).back
[3] The term "police area" has the meaning ascribed to it in section 101 of the Police Act 1996 (c. 16) by virtue of Schedule 1 to the Interpretation Act 1978 (c. 30).back
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