HC Deb 27 March 2000 vol 347 cc12-3W
Miss Widdecombe

To ask the Secretary of State for the Home Department further to his answers of 22 March 2000,Official Report, column 557W, on drug testing procedures under Clause 48 of the Criminal Justice and Court Services Bill, (a) if a positive test would in itself be sufficient proof of an offence of unlawful possession of a controlled drug, (b) what specified Class A drugs will be tested for, (c) if he intends to extend the testing procedure to include Class B drugs and (d) how he intends the tests to be used to assist in appropriate sentencing, and if this includes the length of sentence to be passed; and if he will make a statement. [116472]

Mr. Boateng

The purpose of drug testing on charge is to identify and monitor drug misusers who may need treatment and to inform any subsequent bail decisions. It is not intended that a positive test will be used to bring a prosecution for unlawful possession. Initially, tests will be made to detect heroin and crack/cocaine which research evidence shows are strongly linked to crimes committed in order to feed a drug habit. The Criminal Justice and Court Services Bill includes provision to extend the range of drugs tested for, including any in Class B, if a similar linkage to commission of crime emerges.

The court will have regard to a positive test on sentencing and can make a drug abstinence order or add an abstinence requirement to a community sentence in cases where the criteria is met.

A positive test result will not be an aggravating factor for sentencing purposes.

Miss Widdecombe

To ask the Secretary of State for the Home Department if he will make a statement on the new procedure for appointing local probation boards contained in Schedule 1 to the Criminal Justice and Court Services Bill, indicating how it differs from the present procedure. [116476]

Mr. Boateng

The present procedure is based on the nomination directly to the committee of local magistrates, a member of the judiciary and local authority members. In future, members of probation boards, with the exception of the Lord Chancellor's nominee, will be appointed by the Secretary of State following a process of open, public advertisement.

We will be looking to recruit members who, in addition to meeting competences, being developed in consultation with the Central Probation Council, will reflect a breadth of experience from the local community. We are working with the Office of the Commissioner for Public Appointments to ensure that these new arrangements meet the highest standards of openness and transparency.

Chief officers will, for the first time, be a member of local boards.