Part 1 General Provisions
Sentencing Act 2020 (2020 c 17) | Legislation

SCHEDULE 22 Amendments of the Sentencing Code and Related Amendments of other Legislation

Section 408

Part 1 General Provisions

Pre-sentence drug testing

1

After section 34 insert—

“Pre-sentence drug testing
34A Pre-sentence drug testing

(1)     This section applies where—

(a)     a person is convicted of an offence, and

(b)     the court is considering passing—

(i)     a community sentence, or

(ii)     a suspended sentence.

(2)     The court may make an order requiring the offender to provide samples for the purpose of ascertaining whether the offender has any specified Class A drug in his or her body.

(3)     An order under this section—

(a)     must specify the descriptions of samples to be provided,

(b)     if the offender is aged under 17, must provide for the samples to be provided in the presence of an appropriate adult, and

(c)     may include further provision about how the samples are to be provided.

(4)     If it is proved to the satisfaction of the court that

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