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by Munro Research

Drug Driving (Assessment of Drug Misuse) Bill


Official Summary

A Bill to provide for the assessment of drug dependency or propensity for drug misuse of persons who, in the course of investigations for certain driving offences, have provided blood or urine samples that reveal the presence of certain drugs; and for connected purposes.

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Overview

This bill aims to mandate drug assessments for individuals suspected of drug-driving offences in England and Wales. If a blood or urine test indicates the presence of Class A drugs, those aged 18 and over will be required to undergo an initial and follow-up assessment to evaluate their drug dependency or misuse propensity.

Description

The Drug Driving (Assessment of Drug Misuse) Bill introduces new sections (11A, 11B, and 11C) to the Drugs Act 2005. These sections detail the process for mandatory assessments.

Initial Assessment: If a driver provides a blood or urine sample testing positive for a specified Class A drug, a police officer can require them to attend an initial assessment.

Follow-up Assessment: Following the initial assessment, a follow-up assessment will also be mandated.

Notice and Consequences: Individuals will receive written notice at least 14 days before the assessment(s). Failure to attend without good cause is a prosecutable offence.

The Bill makes consequential amendments to the Drugs Act 2005 and the Bail Act 1976 to ensure consistency and proper integration of the new assessment procedure.

Government Spending

The bill states that any increased costs resulting from its implementation will be covered by funds provided by Parliament. No specific figures are provided.

Groups Affected

  • Drivers suspected of drug driving: Those aged 18 or over who test positive for Class A drugs during a roadside drug test face mandatory assessments. Failure to comply carries a risk of prosecution.
  • Police forces: Increased workload associated with issuing notices and enforcing attendance at assessments.
  • Drug assessment providers: Potential increase in demand for their services.
  • The criminal justice system: Increased caseload if many drivers fail to attend or comply.
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