New powers to allow Greater Manchester Police to drug test people

Date published: 30/11/2005

New powers to allow Greater Manchester Police to drug test people arrested for certain trigger offences will come into force on Thursday 1 December.

The new measures are part of the Drugs Act 2005 and will be used initially only in Greater Manchester, South Yorkshire and Nottinghamshire - areas with the highest rates of drug-linked crime.

Police officers in these regions will be the first to have powers to test suspects on arrest and insist on compulsory drugs assessments. These will be expanded further on the 31 March 2006.

For the first time drug-using offenders will be tested for heroin, crack and cocaine use if arrested for acquisitive crime offences - such as street robbery and burglary. Those who test positive will be required to attend a compulsory drug assessment by specialist drugs workers to determine the extent of their drug problem and help them into treatment and other support, even if they are not charged.

Those who fail to provide a sample or comply with a required assessment face a fine of up to £2,500 and/or up to three months in prison.

New restriction on bail provisions will also apply to those subsequently charged.  Courts will be able to deny bail unless the offender agrees to a drug assessment - if one has not already taken place - plus follow up treatment or support.  Having already been introduced in Greater Manchester, restriction on bail will be rolled out to the whole of England from 31 March, which means that anyone who tests positive will be eligible.

The Government introduced the new powers after consultation with the police and other agencies to reduce further drug related crime by driving more drugs mis-users into drug treatment programmes.

More than £35million has been invested in drugs services in Greater Manchester in 2005 / 2006. Government investment has meant increased numbers of drug mis-users being able to access treatment - up 26 per cent to 14,846 in 2004/05 from 2003/04.

A similar period - in which GMP has implemented drugs tests for those charged with trigger offences - has also seen acquisitive crime fall by more than one fifth (225,662 incidents in 2002/03, falling by 24 per cent to 171,468 incidents in 2004/05).

The new powers, a key part of the Government's Drug Strategy, were announced on the day of a national drugs conference in London at which Home Secretary, Charles Clarke was making the keynote speech.

Home Office Minister Paul Goggins said: "We are committed to tackling drug misuse and the harm that it causes. Quite apart from the personal misery they cause, drugs are a major driver of crime.

"Testing on arrest and compulsory assessment will help to identify more drug misusing offenders within the criminal justice system, help more of them into treatment, reduce the amount of crime they commit and so make communities safer.

"The Government's Drugs Strategy is delivering real benefits to communities across the country with record numbers of people entering and staying in treatment and drug related crime coming down. Today we can confirm that more than 2,200 people a month entered treatment through the Drug Interventions Programme in October, a milestone figure.

"But there is more to be done.  The new powers will drive even more drug mis-users away from crime and into treatment and so drive forward the success of the drug strategy."

Assistant Chief Constable Ian Seabridge of Greater Manchester Police said: "Breaking the connection between crime and illicit drugs is vital to reducing overall crime and making the streets of Greater Manchester a safer place.

"We have known for a long time that a large proportion of crime is committed as a result of drug use.  This new power, enabling us to drug test people on arrest will mean that more drug users who offend will receive treatment, and in turn, will stop their offending behaviour.

"If we can successfully remove the need to obtain drugs, then we can continue to reduce the levels of offending."

The Government also announced today that the Home Office is seeking the views of the police, courts and drugs agencies on the setting of particular thresholds for the possession of controlled drugs.

This is to clarify the point at which the quantity of drugs in a person's possession becomes above and beyond that reasonably held for personal use, and so help the courts to differentiate between possession and intent to supply.  The consultation will run until 3 March 2006.