Overview

This bill amends the Psychoactive Substances Act 2016, primarily by introducing a new offence of possessing a psychoactive substance in a custodial institution (prisons, young offender institutions, etc.) and clarifying exceptions to offences related to psychoactive substances. It also makes changes to search warrant procedures and repeals the Intoxicating Substances (Supply) Act 1985.

Description

Key Amendments:

The bill adds a new offence for possessing psychoactive substances within custodial institutions, including prisons and young offender institutions. This offence is subject to exceptions, detailed in a new "Exceptions to offences" clause.

This clause allows for exemptions for activities such as producing, supplying, or possessing psychoactive substances under specific circumstances, primarily for healthcare, research, and other legitimate purposes. The Secretary of State can amend these exceptions via regulations, subject to parliamentary approval.

The bill clarifies procedures for obtaining search warrants, specifying the type of warrants permitted and the process for applications, including those made without prior notice. It also makes various amendments to existing sections of the 2016 Act regarding sentencing and court procedures.

Finally, the bill repeals the Intoxicating Substances (Supply) Act 1985, aligning relevant provisions within the existing legal framework.

Government Spending

The bill's impact on government spending is not explicitly stated. However, it is likely to involve increased costs related to enforcement of the new offence within custodial institutions and potential legal challenges.

Groups Affected

• Prisoners and detainees: The new offence directly affects this group, potentially leading to increased prosecutions and sentences.
• Healthcare professionals and researchers: They may be affected by the exceptions to the new offence, as the bill outlines specific conditions under which their activities will be exempt.
• Law enforcement agencies: They will be responsible for enforcing the new offence and amended search warrant procedures.
• The courts: They will handle prosecutions and sentencing under the amended legislation.

Powered by nyModel