Commentary on Sections Part 1: Amendments of Police and Criminal Evidence Act 1984 Section 5: Drug Testing for under eighteens
119.Section 57 of the Criminal Justice and Court Services Act 2000 inserted new provisions in the Police and Criminal Evidence Act 1984 (PACE), enabling custody officers after charge, to detain a person to enable a sample to be taken to test for the presence of any specified class A drug, subject to the conditions detailed in section 63B of PACE. The conditions include that the person concerned has attained the age of 18. The provisions currently apply only within certain police areas where section 57 has been brought into force.
120.Section 5 amends these provisions in PACE (in respect of section 63B and section 38) to enable persons under the age of 18 to be tested for specified Class A drugs and for custody officers to detain a person after charge to enable a sample to be taken for that purpose. The person concerned must have attained the age of 14. The Section also makes provision for an appropriate adult to be present during the testing procedure in the case of a person who is under 17 years old. The Secretary of State is given power by order (under the draft affirmative procedure) to change the minimum age.