Clause 7 - Testing for presence of class A drugs

Part of Drugs Bill – in a Public Bill Committee at 4:15 pm on 1 February 2005.

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Photo of Caroline Flint Caroline Flint Parliamentary Under-Secretary (Home Office) 4:15, 1 February 2005

I will deal with that point, but I want first to deal with the several points raised about testing. I hope that the hon. Gentleman will bear with me. When I have dealt with them, I shall go on to the next stage—the mandatory assessment that he referred to.

One question, properly raised, was about the handling of the test sample, about the need to protect the individual and ensuring that samples are not used as evidence in relation to the offence that has been committed. In line with current legislation, the test result may be disclosed in order to inform decisions about bail in criminal proceedings, to inform decisions about the supervision of the individual, to inform court decisions as to the appropriate sentence—that would obviously include drug treatment—and for the purpose of ensuring that appropriate treatment and advice are available. The police will be able to use the test result to inform decisions on police bail. The new provision will additionally allow for information taken from the sample to be disclosed in order to inform decisions about attaching conditions to conditional cautions and for the purpose of requiring an initial assessment and a follow-up assessment.

I accept that there are elements of carrot and stick in trying to get people to engage with treatment. In response, I shall say a little about the drug intervention programme, the difference that it has made for those who have moved on to the assessment process and how the numbers taking treatment have risen. Test results are recorded on police and court files. The practice of keeping and destroying records varies, but police files in general are kept for seven years, then destroyed. For trigger offences, court files are destroyed in the following circumstances: in the case of acquittal, 12 months after the date of acquittal; in the case of conviction, 12 months after completion of the sentence. Those are important safeguards.

Two points were raised. The first was whether test results could be used in interviews in relation to the offence for which the person had been arrested or subsequently charged. I understand that that would not be an appropriate use of the information. The second question was whether the information could be used in a court hearing. Yes, it would be right and proper, in connection with the offence, for such information to be used in court. However, it is also right and proper, as it is now under the charging process, that when considering bail or when sentencing, the fact that a person is undergoing an assessment or seeing a drug programme worker should be taken into consideration.

We are trying—in many areas, we are succeeding more than ever before—to create a situation in which more people are presenting themselves for treatment. I accept what the hon. Gentleman said about the nature of the risks involved, and the problems of people going for treatment and failing and so on, but measures to harness treatment and offer something of quality will give people an incentive in terms of their final sentence and represent a step change. We are already seeing results in the increasing numbers of people going into treatment. They are also staying there much longer than in the past.