<-- Back to proposed bills

Criminal Justice Bill - Sitting 7

16 January 2024

Proposing MP
Mid Derbyshire
Type
Public Bill Committee

At a Glance

Issue Summary

Pauline Latham discusses amendments to Clause 15 of the Criminal Justice Bill, focusing on drug testing and referral procedures. The statement addresses the expansion of drug testing powers for police officers when dealing with individuals arrested for offences, focusing on identifying drug use and directing those in need towards treatment. Alex Norris discusses expanding police powers to test for drugs among suspects arrested for various offences, including those related to mental health issues. Pauline Latham discusses the Criminal Justice Bill's amendments related to drug testing and interventions for individuals in custody. Jess Phillips raises concerns about the feasibility and potential discriminatory implications of a clause requiring drug testing for everyone. The MP discusses concerns about the effectiveness and fairness of proposed changes regarding drug testing for domestic abuse victims and perpetrators. The statement discusses the rollout of a new initiative to ensure that individuals with mental health crises receive medical treatment rather than police intervention. The statement discusses the implementation and use of on-the-spot drug tests by police and their implications for criminal prosecutions and referrals to treatment services. The statement discusses amendments to the Criminal Justice Bill, specifically addressing provisions related to drug testing and seizure of bladed articles. The statement addresses the proposed amendment to allow the police to seize legal knives from private premises if there are reasonable grounds to suspect they may be used for unlawful violence. The statement discusses clause 18 of the Criminal Justice Bill which allows constables to seize bladed or sharply pointed items if they are lawfully on a premise and believe these items might be connected to unlawful violence. Pauline Latham is discussing an amendment to align powers in Clause 19 of the Criminal Justice Bill with those in Section 18 of the Police and Criminal Evidence Act 1984, allowing constables to search for stolen goods without obtaining prior authorisation. The statement discusses an amendment related to clause 19 of the Criminal Justice Bill, which aims to fine-tune the process for identifying stolen goods without prior authorization from a senior officer. Pauline Latham proposes an amendment requiring the College of Policing to issue a code of practice for the use of new powers introduced by clause 19. The statement discusses the need for a review of police powers within two years and proposes updating PACE code B to include guidance on new powers. The statement discusses the Criminal Justice Bill's clause 19, which aims to empower the police to act quickly to retrieve stolen items without waiting for a warrant under specific conditions. The statement addresses the proposed new power for UK law enforcement to suspend internet protocol addresses and domain names used in serious crimes. Pauline Latham discusses provisions in Schedule 3 of the Criminal Justice Bill related to suspending IP addresses and domain names used for serious crimes.

Action Requested

Latham proposes an amendment requiring police to refer individuals who test positive for controlled drugs to a diversion service. She also supports government efforts to increase funding for drug treatment services and emphasizes the importance of implementing these new powers effectively.

Key Facts

  • Amendment would require police to direct individuals testing positive for controlled drugs to appropriate drug diversion services.
  • Government has committed £300 million over two or three years to create 54,500 extra drug treatment places.
  • There are now liaison and diversion officers in custody settings and many courts to help identify substance abuse issues.
  • Police time freed by NHS picking up mental health cases: more than a million hours.
  • Drug testing on arrest is being expanded to locations outside of custody.
  • The power allows police to test individuals aged 18 or over who have been arrested for an offence, provided the officer requests a sample and feels it appropriate.
  • Only non-intimate samples like swabs or saliva can be taken if drug testing occurs outside of police detention.
  • Testing is permitted only when someone has been arrested for a relevant trigger offence or another offence where drug misuse is suspected by an inspector.
  • Drug testing powers were originally introduced under the Criminal Justice and Court Services Act 2000.
  • Clauses 15 to 17 expand police powers to test for any specified controlled drug, not just class A drugs.
  • There are concerns about a lack of capacity within local police forces to implement these measures effectively.
  • The national partnership agreement aims to better address mental health crises by directing appropriate medical responses rather than police intervention.
  • Amendment 133 aims to insert a new section in the Police and Criminal Evidence Act 1984.
  • Drug deaths have doubled since 2021.
  • The Health and Social Care Act 2012 transferred responsibility for drug treatment services to local authorities.
  • Phillips challenges the idea that current forensic testing capacity exists to process swabs from individuals in custody.
  • She references a case where lab results took seven months for a crime victim.
  • Phillips questions whether the drug-testing process could be as efficient as airport security screenings.
  • Only 50% of police are trained on coercive control.
  • Women in prison or substance misuse services often have a history of domestic abuse or sexual violence.
  • Drug use can be seen as a mitigating factor for perpetrators but an aggravation for victims.
  • The NHS is receiving an extra £3.3 billion this year.
  • Mental health ambulances and places of safety are being invested in.
  • Implementation is happening on a force-by-force basis across regions.
  • On-the-spot drug tests take between 13 and 35 minutes.
  • Non-intrusive tests include hair (excluding pubic hair), saliva, and a swab from non-intimate areas.
  • These tests do not meet the evidentiary threshold for criminal prosecutions but can be used in decisions about bail or diversionary cautions.
  • The Government invested hundreds of millions of pounds over three years to create 55,000 extra treatment places.
  • Amendment 32 addresses the inclusion of appeals in the final determination of an application under clause 18(8)(b).
  • The discussion involves the Criminal Justice Bill, specifically Clause 18.
  • No specific funding or timeline is mentioned.
  • Knife crime hospital admissions have fallen by 26% since December 2019.
  • Police currently lack the power to seize knives unless they are to be used as evidence in an investigation or are inherently illegal.
  • Chief Constable Gavin Stephens supports this measure as a preventive tool against knife violence.
  • Clause 18 allows constables to seize bladed or sharply pointed items if they are lawfully on a premise and believe these items might be connected to unlawful violence.
  • The standard form for property seized will also apply to weapons under this provision.
  • 'Just' in clause 18(7)(b) refers back to the test set out in clause 18(1)(c).
  • Amendment 61 aligns powers in Clause 19 with Section 18 of PACE.
  • Section 18 of PACE allows entry and search without prior authorisation under certain conditions.
  • The amendment aims to provide consistency for officers and clarity for the public.
  • Amendment 61 aims to fine-tune the detail for identifying stolen goods without prior authorization from an inspector.
  • Clause 19 allows police officers to retrieve stolen goods more efficiently.
  • The Government believes prior authorisation by an inspector is necessary because it relates to stolen goods rather than individuals.
  • Amendment 59 requires the College of Policing to issue a code of practice under section 39A of the Police Act 1996.
  • The amendment aims to clarify the narrow circumstances in which the power should be used.
  • There are concerns about the accuracy and precision of technology for locating stolen items.
  • Review of police powers is proposed to occur within two years.
  • Updating PACE code B is a statutory requirement under section 66.
  • Post-legislative review happens three to five years after Royal Assent.
  • Clause 19(2) sets out when the power can be used.
  • Conditions include reasonable grounds to believe items are stolen and on specified premises.
  • Police must also show it is not reasonably practicable to obtain a warrant without frustrating or seriously prejudicing its purpose.
  • Clause 20 and schedule 3 create a new power for law enforcement agencies.
  • Court orders can be applied for by entities listed in paragraph 12 of the schedule, including staff at least the grade of executive director from the Gambling Commission.
  • The measure targets criminal activities such as fraud and malware dissemination.
  • The provisions allow for suspending IP addresses and domain names for up to 12 months following an application to a judge.
  • Four criteria must be met for the suspension: conditions 1, 3, and 4 are straightforward; condition 2 is complex and involves four scenarios including UK persons using the address for serious crime or being victims of such crimes.
  • Judges can require individuals whose domain names or IP addresses are suspended not to disclose this information.
Assessment & feedback
Summary accuracy