The Act Commentary on Sections Part 3: Assessment of Misuse of Drugs Section 11: Requirements under sections 9 and 10: supplemental
33.This section imposes a number of obligations on police officers where they require a person to attend an initial assessment under section 9, or both an initial assessment under section 9 and a follow-up assessment under section 10. Subsection (2) requires a police officer to inform the person of the time and place of the initial assessment and subsection (3) requires a police officer to warn the person that he may be prosecuted if he fails, without good cause, to attend for the duration of the initial assessment. Subsection (4) requires a police officer to give a similar warning in the case of a person who is also required to attend a follow-up assessment. Subsection (5) requires a police officer to confirm the requirement to attend an initial assessment or both an initial assessment and a follow-up assessment (as the case may be) and the matters expressed verbally under subsections (2) and (3) and any warning given under subsection (4) in writing. Subsection (6) confirms that this information must be conveyed verbally and in writing before the person is released from police detention. Subsection (7) requires the provision of such information to be recorded in the person’s custody record. Subsection (8) enables the police or a suitably qualified person to provide a further written notice to the person varying the time and/or place of the initial assessment and repeating the previous warning regarding threat of prosecution.