Drugs and psychoactive substances
Class A drugs — fail to attend/remain for initial assessment
Drugs Act 2005 (assessment provisions as charged)
England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.
- Triable
- Summary only
- Maximum penalty
- Level 4 fine
Actus reus
- A requirement to attend an initial (or follow-up) assessment can be made under Drugs Act 2005, s.9 after a positive s.63B test. Failure to attend and remain is a separate Drugs Act offence (see s.12 / the charged section — s.9 itself is the power to require).
Mens rea
- Failure to attend or remain without good cause, if that is the charged offence.
Defences
Good cause · No valid requirement · Did attend and remain
Sentencing Council
Sentencing Council guideline effective 24 April 2017. Offence range: Band A fine - High level community order.
At the police station
s.9 is the gateway, not always the offence. Confirm s.12 or the equivalent on the charge sheet.
When to involve a rep or solicitor
Police station advice is free under legal aid and is not means-tested.
Authoritative sources for this page
Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.
- Statute:Drugs Act 2005 (assessment provisions as charged) ↗
- Sentencing Council:Sentencing Council definitive guideline ↗
- CPS:CPS — Drug offences ↗