Testing on Arrest
Testing on arrest enables identification of people misusing specified Class A drugs earlier in their contact with the criminal justice system, so that they may be steered into treatment and away from crime as soon as possible. It ensures that those who misuse drugs - but are not charged with an offence - are nevertheless identified and helped to engage in treatment and other programmes of help. Those arrested for offences traditionally proven to be linked to drug misuse are subject to testing – ‘trigger offences’. At Inspector level there is a discretionary power to authorize testing in individual circumstances where drugs misuse is suspected to have caused the offending behaviour.
Required Assessment
This is a power for the police to require persons who have tested positive for a specified Class A drug when tested on arrest or charge, to attend an initial assessment of their drug use. Prior to this new power, such assessments were purely voluntary.
Restriction on Bail
For those who have tested positive on arrest or charge for specified Class A drugs and where the relevant conditions are met, the defendants are asked to undergo an assessment of their drug use and agree to participate in any follow-up recommended by the assessor. If they agree, they will, in most cases, be released on conditional bail. If they refuse, the normal presumption for bail is reversed and the court will not grant bail unless it is certain that they will not offend whilst on bail. Restriction on bail is available across the whole of England including non-intensive DIP areas.
