Moved by
Lord Paddick
129: After Clause 54, insert the following new Clause—
“Misuse of Drugs Act 1971: power to search for possession of drugs for personal use
(1) The Misuse of Drugs Act 1971 is amended as follows.
(2) In section 23 (powers to search and obtain evidence), after subsection (2) insert—
“(2A) The constable conducting a search under subsection (2) must explain to the suspected person the grounds for suspicion and must record the explanation.
(2B) Subsection (2) does not apply if the constable also has reasonable grounds to suspect that the drug is—
(a) in the possession of the person for that person’s personal use only, or
(b) in the vehicle or vessel for a person’s personal use only.””
Member’s explanatory statement
This amendment would remove the power of the police to search a person or vehicle for possession of controlled drugs for personal use only.