Misuse of Drugs Act, 1984
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Miscellaneous amendments of Principal Act. |
14.—The Principal Act is hereby amended by— | |
(a) the insertion of “or 3” after “section 2” in paragraph (a) of section 22 (1); | ||
(b) the substitution of “if, having regard to the circumstances of the case, the court considers it appropriate so to do, the court may” for “the court shall” in paragraph (a) of section 28(1); | ||
(c) the insertion of “, arising because of his being dependent on drugs,” after “needs” in both subparagraph (i) of section 28 (1) (a) and subparagraph (i) of section 28 (1) (b); | ||
(d) the substitution of “probation and welfare” for “court welfare” in section 28 (1) (a); | ||
(e) the substitution of “on bail or, unless a penalty falls to be imposed on the person under paragraph (a) of section 27 (1) of this Act, in custody” and “probation and welfare” for “on bail” and “court welfare”, respectively, in section 28 (1) (b); | ||
(f) the insertion in section 28 (2) (a) of the following subparagraph after subparagraph (i): | ||
“(ia) in case the person concerned is placed under such supervision, a condition requiring such person, at the place at which he normally resides or at such other place as may be specified in the order and during such period and at such intervals as shall be so specified, to receive visits from and permit visits by— | ||
(I) in case such person is placed under the supervision of a body, an officer of that body, | ||
(II) in case such person is placed under the supervision of a person, that person,”; | ||
(g) the insertion of “or other” before “treatment” in subparagraph (ii) of section 28 (2) (a); | ||
(h) the insertion of “or the person who is for the time being in charge of such centre” after “medical practitioner” in subsection (6) of section 28; | ||
(i) the substitution in subsection (8) of section 28 of “medical or other treatment” for “medical treatment” and “the medical practitioner or other person” for “the medical practitioner” in each place where it occurs; and | ||
(j) the insertion in section 28 (11) of the following definition after the definition of “authorised medical practitioner”: | ||
“‘probation and welfare officer’ means an officer employed in the probation and welfare service of the Department of Justice;”, | ||
and the said paragraph (a) of the said section 22 (1), the said section 28 (1), the said subparagraph (ii), the said subsection (6) and the said subsection (8), as amended by this section, are set out in paragraphs 1, 2, 3, 4 and 5, respectively, of the Table to this section. | ||
TABLE | ||
2. (1) (a) Where a person is convicted of an offence under section 3 of this Act, other than a first or second offence in relation to which a penalty may be imposed under section 27 (1) (a) of this Act, or an offence under section 15 or 16 of this Act, or of attempting to commit any such offence, if, having regard to the circumstances of the case, the court considers it appropriate so to do, the court may remand the person for such period as it considers necessary for the purposes of this section (being a period not exceeding eight days in the case of a remand in custody), and request a health board, probation and welfare officer or other body or person, considered by the court to be appropriate, to— | ||
(i) cause to be furnished to the court a medical report in writing on the convicted person together with such recommendations (if any) as to medical treatment which the person making the report considers appropriate to the needs, arising because of his being dependent on drugs, of the convicted person, and | ||
(ii) furnish to the court a report in writing as to the vocational and educational circumstances and social background of the convicted person together with such recommendations (if any) as to care which the body or person making the report considers appropriate to the said needs. | ||
(b) Where a person is convicted of a first or second offence under section 3 of this Act in relation to which a penalty may be imposed under the said section 27 (1) (a) or an offence under section 17 or 18 of this Act, or of attempting to commit any such offence, and the court, having regard to the circumstances of the case, considers it appropriate so to do, the court may remand the person on bail or, unless a penalty falls to be imposed on the person under paragraph (a) of section 27 (1) of this Act, in custody for such period as it considers necessary for the purposes of this section, and request a health board, probation and welfare officer or other body or person, considered by the court to be appropriate, to— | ||
(i) cause to be furnished to the court a medical report in writing on the convicted person together with such recommendations (if any) as to medical treatment which the person making the report considers appropriate to the needs, arising because of his being dependent on drugs, of the convicted person, and | ||
(ii) furnish to the court a report in writing as to the vocational and educational circumstances and social background of the convicted person together with such recommendations (if any) as to care which the body or person making the report considers appropriate to the said needs. | ||
3. (ii) a condition requiring such person to undergo medical or other treatment recommended in the report, | ||
4. (6) If at any time during a period of detention in a designated custodial treatment centre it appears to the court, on an application made by or on behalf either of the prosecutor or the person who is being detained, or on receipt of a message, in a form approved of by the Minister, from an authorised medical practitioner or the person who is for the time being in charge of such centre, that the person being detained under this Act is not then, or may not then be, in further need of the treatment or care of which the court formerly considered him to be in need, or that his continued detention in custody in the designated custodial treatment centre is not then, or may not then be, in his best interests or in the best interests of other persons in that centre, the court, notwithstanding its decision under subsection (2) of this section, may order the person to be brought before the court. | ||
5. (8) The court shall not under this section either, | ||
(a) permit a person to enter into a recognisance containing a condition requiring him for medical or other treatment to remain in a specified hospital, clinic or other place, or | ||
(b) order a person to be detained in a custodial treatment centre, unless, after consultation with, or consideration of a report of, either the medical practitioner or other person in charge of the hospital, clinic, custodial treatment centre or other place concerned or a medical practitioner or other person nominated by the medical practitioner or other person so in charge, the court is satisfied that the giving or making of the permission or order would be an appropriate course having regard to the needs of the person and would not prejudicially affect the ability of such hospital, clinic, custodial treatment centre or other place to provide for the treatment or care of persons. |