Law Weblog

Police Powers; sentencing; courts

The Drugs Bill received Royal Assent today.
The Drugs Act 2005 brings in powers to: 
>  give the police powers to test for class A drugs on arrest and require those who test positive to attend a drugs assessment and follow-up appointment;
> make dealing near a school, or using children as couriers for drugs or drugs-related money, an aggravating factor in sentencing; 
> introduce a new presumption that those caught with more drugs than reasonable for personal use intend to supply, which carries tougher penalties; 
> give the police tougher powers to tackle dealers who swallow their drugs or hide them in body cavities – the police will be able to order an x-ray or ultrasound, and magistrates will be able to remand suspected swallowers in custody for up to eight days; 
> tackle the open selling of ‘magic mushrooms’ by clarifying the law that fresh mushrooms, as well as prepared ones, are illegal; and
> establish a new drug intervention order to run alongside anti-social behaviour orders to address drug misuse by people committing anti-social acts.