1. Introduction
1.1 The purpose of the guidance
This document provides operational statutory guidance from Scottish Ministers on the implementation of the arrested persons: drug testing and reference for assessment provisions contained in section 20A and 20B of the Criminal Procedure (Scotland) Act 1995 ("the 1995 Act") (inserted into that Act by section 84 of the Police, Public Order and Criminal Justice (Scotland) Act 2006 ("the 2006 Act") and sections 85 to 88 of the 2006 Act.
The guidance is prescriptive only and should be read in conjunction with sections 84 to 90 of the 2006 Act. This guidance is not, and is not meant to be, a comprehensive description of sections 84 to 90 to that Act or of legal obligations contained in the Act. If you are in any doubt about any legal obligations which are contained in the Act, you are advised to seek your own independent legal advice.
Sections 1-4 of this guidance document provide contextual and background information about the mandatory drug testing of arrestees programme, whilst the Annexes provide related material such as extracts from the legislation and forms which will support the process.
Sections 5-8 contain guidance on the detailed process to support implementation of the relevant provisions.
1.2 Who should use the guidance
The guidance is designed to bring together all relevant information about the provisions relating to the arrested persons: drug testing and reference for assessment, whilst still enabling the reader to find their way to the information they need as easily as possible.
Each person who carries out a function under section 20A of the 1995 Act and sections 85 to 88 of the 2006 Act should have regard to the content of this guidance. Such persons include people within organisations that are involved in delivering the programme, in particular:
- Police constables, police custody and security officers, local drugs liaison officers
- Drugs Assessors and their parent organisations
- Service officers
- Drug Action Team members
Others who will have an interest in the guidance will include:
- Criminal Justice social work
- The Crown Office and Procurator Fiscal service and Scottish Court Service and District Court staff
- Health service and drug treatment service providers
- The Scottish Prison Service
- Defence lawyers
1.3 Who has contributed to this guidance
The following have contributed to the development of the guidance:
- Representatives of the police in each of the pilot areas
- The Scottish Crime and Drugs Enforcement Agency
- The Crown Office and Procurator Fiscal Service
- Scottish Court Service
- Scottish Prison Service
- Scottish Executive Justice Department Safer Communities Division
- Scottish Executive Justice Department Community Justice Services Division
- Criminal Justice Social Work departments in the relevant local authority areas
- Organisations involved in delivering Assessment Services, including Turning Point
- Health Boards in pilot areas
- Drug Action Teams in pilot areas
1.4 When will this guidance come into effect
The guidance will come into effect on 12 June 2007. This is the date on which the arrested persons: drug testing and reference for assessment provisions in sections 84 to 90 of the 2006 Act (and thus when sections 20A and 20B of the 1995 Act) will come fully into force and when the mandatory drug testing of arrestees pilots begin.
The guidance will apply to constables and police custody and security officers who work in a police station located within an area which has been or will be prescribed by an order made under section 20A(3)(c) of the 1995 Act and to drugs assessors. In accordance with the Testing of Arrested Persons for Class A Drugs (Prescribed Area) (Scotland) Order 2007 ( SSI/2007/131) testing may be carried out in the local government areas of the City of Aberdeen, City of Edinburgh and City of Glasgow. For the period of the pilots, testing will only be carried out at the following police stations: Queen Street, Aberdeen; St Leonard's Edinburgh, and London Road, Glasgow.