Overview

This bill amends the Psychoactive Substances Act 2016, primarily focusing on clarifying exceptions to offenses, strengthening enforcement, and specifying penalties for possessing psychoactive substances within custodial institutions. It also repeals the Intoxicating Substances (Supply) Act 1985.

Description

The bill introduces a new offense: possessing a psychoactive substance in a custodial institution with intent to consume it for its psychoactive effects. This covers prisons, young offender institutions, removal centers, and other similar facilities. The penalties vary by jurisdiction (England & Wales, Scotland, Northern Ireland), ranging from fines to up to two years' imprisonment upon conviction on indictment.

Exceptions to Offences

A key amendment creates a new section detailing "Exceptions to offences". This allows the Secretary of State to create regulations exempting certain activities (producing, supplying, possessing etc.) from the general prohibition, following consultation. Exemptions explicitly cover healthcare-related activities and approved scientific research.

Amendments and Clarifications

The bill makes various amendments to existing sections, primarily clarifying court procedures related to prohibition and premises orders, improving the process of obtaining search warrants (including the ability to apply without prior notice), and updating references to other relevant acts. The Intoxicating Substances (Supply) Act 1985 is repealed.

Government Spending

The bill doesn't directly specify new government spending figures. However, costs associated with increased enforcement and potential legal challenges are likely. Costs associated with amending existing legislation and creating new regulations will also apply.

Groups Affected

• Individuals in custodial institutions: Face new penalties for possessing psychoactive substances.
• Healthcare professionals and researchers: May benefit from clarified exemptions for legitimate use of psychoactive substances.
• Law enforcement agencies: Will have updated powers and procedures for enforcement.
• The Secretary of State: Granted new powers to create exemptions via regulation.
• Courts: Will deal with cases arising from the new offense and amended procedures.

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