Clause 10 - Drug testing for under-eighteens
Criminal Justice Bill
9:00 pm

Photo of Mr Hilary Benn

Mr Hilary Benn (Parliamentary Under-Secretary, Home Office; Leeds Central, Labour)

It is not intended that the test results will be used as additional evidence in support of offences with which the detainee has been charged or for the purposes of other investigations or as an aggravating factor when sentencing. The testing is a screening tool; it is intended to identify those who have misused specified class A drugs and who may need treatment and to encourage them to get treatment for their drug misuse. It might be helpful if I remind the Committee that the legislation sets out the purpose for which the information obtained through drug testing after charge may be disclosed. It provides for appropriate disclosure under the criminal justice system in order to inform decisions on bail and sentencing, and decisions on the supervision of the person concerned throughout the criminal justice process, and to ensure that appropriate advice and treatment are made available to the person concerned.

The legislation also ensures that the sensitive nature of the information is respected and that the individual's rights are preserved. Those are the provisions that apply to the testing of adults in the pilot areas; they would be replicated when operating the clause.

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