The Act Commentary on Sections Part 3: Assessment of Misuse of Drugs Section 9: Initial assessment following testing for the presence of Class A drugs
31.This section in subsections (1) and (2), introduces a new discretionary power for the police to require persons who have tested positive for a specified Class A drug under section 63B of PACE, as amended by section 7 of this Act, to attend an initial assessment of their drug misuse. Subsection (3) sets out the purposes of that initial assessment. This power is subject to the age condition and notification condition (as set out in subsections (4) to (6)) being met. Subsection (4) provides that a person can only be subject to the requirement if he has reached the age of 18 (or a different age, if the Secretary of State so specifies by order made by statutory instrument). Subsections (5) and (6) provide that a person can only be subject to the requirement where the relevant chief officer of police has been informed that the necessary arrangements for carrying out the assessments have been made for those who have been tested at the police station in which the person was detained. Such a notification can apply to a police area or to a single police station.