Police and Criminal Evidence Act 1984
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Change 1
63C Testing for presence of Class A controlled drugs: supplementary.
(1) A person guilty of an offence under section 63B above shall be liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 4 on the standard scale, or to both. (2) A police officer may give an authorisation under section 63B above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable. (3) If a sample is taken under section 63B above by virtue of an authorisation, the authorisation and the grounds for the suspicion shall be recorded as soon as is practicable after the sample is taken. (4) If the sample is taken from a person detained at a police station, the matters required to be recorded by subsection (3) above shall be recorded in his custody record. (5) Subsections (11) and (12) of section 62 above apply for the purposes of section 63B above as they do for the purposes of that section; and section 63B above does not prejudice the generality of sections 62 and 63 above. (6) In section 63B above— “Class A drug” and “misuse” have the same meanings as in the Misuse of Drugs Act 1971; “specified” (in relation to a Class A drug) and “trigger offence” have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000. In section 63B— (a) “misuse” has the same meaning as in the Misuse of Drugs Act 1971; (b) “specified controlled drug” means a controlled drug (within the meaning of the Misuse of Drugs Act 1971) specified in regulations made by the Secretary of State by statutory instrument; (c) “trigger offence” means an offence specified in Schedule 2B. (7) In Schedule 2B, “specified controlled drug” has the same meaning as in section 63B. (8) The Secretary of State may by regulations made by statutory instrument amend Schedule 2B. (9) Regulations under this section— (a) may make different provision for different purposes or different areas, and (b) may make transitional, transitory or saving provision. (10) A statutory instrument containing regulations under subsection (8) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (11) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
63C Testing for presence of Class A controlled drugs: supplementary.
(1) A person guilty of an offence under section 63B above shall be liable on summary conviction to imprisonment for a term not exceeding three months, or to a fine not exceeding level 4 on the standard scale, or to both. (2) A police officer may give an authorisation under section 63B above orally or in writing but, if he gives it orally, he shall confirm it in writing as soon as is practicable. (3) If a sample is taken under section 63B above by virtue of an authorisation, the authorisation and the grounds for the suspicion shall be recorded as soon as is practicable after the sample is taken. (4) If the sample is taken from a person detained at a police station, the matters required to be recorded by subsection (3) above shall be recorded in his custody record. (5) Subsections (11) and (12) of section 62 above apply for the purposes of section 63B above as they do for the purposes of that section; and section 63B above does not prejudice the generality of sections 62 and 63 above. (6) In section 63B above— “Class A drug” and “misuse” have the same meanings as in the Misuse of Drugs Act 1971; “specified” (in relation to a Class A drug) and “trigger offence” have the same meanings as in Part III of the Criminal Justice and Court Services Act 2000. In section 63B— (a) “misuse” has the same meaning as in the Misuse of Drugs Act 1971; (b) “specified controlled drug” means a controlled drug (within the meaning of the Misuse of Drugs Act 1971) specified in regulations made by the Secretary of State by statutory instrument; (c) “trigger offence” means an offence specified in Schedule 2B. (7) In Schedule 2B, “specified controlled drug” has the same meaning as in section 63B. (8) The Secretary of State may by regulations made by statutory instrument amend Schedule 2B. (9) Regulations under this section— (a) may make different provision for different purposes or different areas, and (b) may make transitional, transitory or saving provision. (10) A statutory instrument containing regulations under subsection (8) (whether alone or with other provision) may not be made unless a draft of the instrument has been laid before and approved by a resolution of each House of Parliament. (11) Any other statutory instrument containing regulations under this section is subject to annulment in pursuance of a resolution of either House of Parliament.
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