The 1976 Act is amended as follows.
In section 3 (general provisions), after subsection (6B) there is inserted—
In section 3A(3) (conditions of bail in case of police bail), for ", (6A) and (6B)" there is substituted ." and (6A) to (6F) "
In Schedule 1 (which contains supplementary provisions about bail), in Part 1 (imprisonable offences)—
after paragraph 6 there is inserted—Exception applicable to drug users in certain areas6ASubject to paragraph 6C below, a defendant who falls within paragraph 6B below may not be granted bail unless the court is satisfied that there is no significant risk of his committing an offence while on bail (whether subject to conditions or not).Exception applicable to drug users in certain areas6B1A defendant falls within this paragraph if—ahe is aged 18 or over;ba sample taken—has revealed the presence in his body of a specified Class A drug;iunder section 63B of the Police and Criminal Evidence Act 1984 (testing for presence of Class A drugs) in connection with the offence; oriiunder section 161 of the Criminal Justice Act 2003 (drug testing after conviction of an offence but before sentence),ceither the offence is one under section 5(2) or (3) of the Misuse of Drugs Act 1971 and relates to a specified Class A drug, or the court is satisfied that there are substantial grounds for believing—ithat misuse by him of any specified Class A drug caused or contributed to the offence; orii(even if it did not) that the offence was motivated wholly or partly by his intended misuse of such a drug; anddthe condition set out in sub-paragraph (2) below is satisfied or (if the court is considering on a second or subsequent occasion whether or not to grant bail) has been, and continues to be, satisfied.2The condition referred to is that after the taking and analysis of the sample—aa relevant assessment has been offered to the defendant but he does not agree to undergo it; orbhe has undergone a relevant assessment, and relevant follow-up has been proposed to him, but he does not agree to participate in it.3In this paragraph and paragraph 6C below—a"Class A drug" and "misuse" have the same meaning as in the Misuse of Drugs Act 1971;b"relevant assessment" and "relevant follow-up" have the meaning given by section 3(6E) of this Act;c"specified" (in relation to a Class A drug) has the same meaning as in Part 3 of the Criminal Justice and Court Services Act 2000.Exception applicable to drug users in certain areas6CParagraph 6A above does not apply unless—athe court has been notified by the Secretary of State that arrangements for conducting a relevant assessment or, as the case may be, providing relevant follow-up have been made for the petty sessions area in which it appears to the court that the defendant would reside if granted bail; andbthe notice has not been withdrawn.,
in paragraph 8(1), for "(4) to (7)" there is substituted ." (4) to (6B) or (7) "