Media/News > Latest news > 16.12.04

Government publishes new Drugs Bill

The Government has published a new Drugs Bill announced during the Queen's Speech on 23rd of November 2004.

Text of the Drugs Bill 2005 can be read (in pdf. format) here

Additional explanatory notes can be read (html) here

Final Regulatory Assessment - Home office cost-benefit analysis of the new Bill

The main clauses of the bill are:

• To establish a presumption that certain quantities of given drugs , if found in the possession of an individual, constitute 'intent to supply'.
• To enable police to use X-ray or ultrasound scans on idividuals suspected of swallowing illegal drugs. Refusal of consent for such a check can count against a defendent in court.
• To enable police to hold individuals suspected of swallowing drugs in detention for 192 hours (currently 96 hours) prior to charge.
• To enable police to test suspected offenders for Class A drugs on arrest for a 'trigger' offence (currently testing can only proceed on charge). Tests will be authorised by an officer of at least Inspector Rank who has reasonable grounds to suspect that the alleged offence was linked to misuse of a Class A drug. Refusal to take the test will be a criminal offence. A positive test will result in a mandatory assessment, and mandatory follow up assessment. Failure to attend these assessments will be a criminal offence with a fine or maximum 3 month prison term.
• Fresh 'magic' mushrooms (containing Psilocin or esters of Psilocin) will be included as a Class A drug, alongside 'prepared' mushrooms.

It is not clear whether the Bill will go before Parliament before the expected May 2005 general election, or, assuming that parliament pass the bill unchanged, when it would become law (some details will need to go before the Advisory Council on the Misuse of Drugs for approval). Of the 37 bills announced in the Queen's speech few will be enacted before the election due to the lack of time and unusually heavy legislative agenda. It is possible that the Drugs Bill will be prioritised due to the political importance of the law and order agenda around election time.

Transform's detailed response to the Bill can be found here.