Part 7: Sentencing and release Chapter 1: Custodial sentences Section 154 and Schedule 15: Drug testing requirement
Section 154 introduces Schedule 15 which amends the Code to enable notified courts to impose drug tests as part of community and suspended sentence orders.
	Paragraphs 2 and 4 of Schedule 15 insert drug testing requirements into section 201 (community orders) and into section 287 (suspended sentence orders) of the Code.
	Paragraph 3 inserts new section 207(3A) of the Code and prohibits the drug testing requirement from being applied to a community order of an offender who was convicted of the offence before the date on which section 154 comes into force.
	Paragraph 5 inserts new section 291(3A) into the Code and prohibits the drug testing requirement from being applied to a suspended sentence order of an offender who was convicted of the offence before the date on which section 154 comes into force.
	Paragraph 6 inserts the details of the Drug Testing Requirement into (Part 10A) of Schedule 9 to the Code at new paragraphs 22A and 22B.
	New paragraph 22A(1) defines a drug testing requirement as a requirement for the offender to provide samples as directed by the responsible officer, during a timeframe specified in the order, to determine if they have any drug or psychoactive substance in their body.
	New paragraph 22A(2) requires that the order itself must specify that if the offender provides samples to a person other than a responsible officer, the results of the tests carried out on the samples are to be communicated to the responsible officer and provides that the order may make provision about the specific provision of samples by virtue of sub-paragraph (1).
	New paragraph 22A(3) sets out the powers of the responsible officer to give directions about the provision of samples which include: specifying the types of samples the offender must give, at which time and in which circumstances.. This paragraph also makes the responsible officer’s powers under paragraph 22A(1) subject to provisions of the order and guidance issued by the Secretary of State.
	New paragraph 22A(4) provides for the Secretary of State to revise any guidance issued.
	New paragraph 22A(5) provides that the definitions of "drug" and "psychoactive substance" have the same meanings given in section 2 of the Misuse of Drugs Act 1971 and section 2(1) of the Psychoactive Substances Act 2016 respectively.
	New pragraph 22B restricts the courts ability to impose the drug testing requirement unless two conditions are met; the misuse condition and the availability of arrangements condition.
	New paragraph 22B(2) requires that in order for the misuse condition to be satisfied, the misuse of a controlled drug or psychoactive substance must have contributed to the offence to which the relevant order relates or it is likely to contribute towards further offending behaviour.
	New paragraph 22B(3) requires that, in order for the availability of arrangements condition to be met, the Secretary of State must have notified the court that arrangements for implementing drug testing requirements are available in the offender’s home local justice area.