Schedule 2: added, on 1 October 1985, by section 4 of the Misuse of Drugs Amendment Act 1985 (1985 No 130).
You have been detained under section 13A of the Misuse of Drugs Amendment Act 1978 because it is believed that you have secreted within your body any Class A controlled drugs or Class B controlled drugs for an unlawful purpose.
Read this notice carefully. It tells you what rights you have while the detention continues.
You will be asked if you wish to undergo certain types of medical examination that may help to determine whether or not you have any Class A controlled drugs or Class B controlled drugs secreted within your body.
For this reason, a doctor will be asked to see you to explain just what is involved in each type of examination.
No such examination may take place without your consent
If you do wish to undergo an examination, you will be asked to put your consent to the examination in writing.
If you refuse your consent, you may change your mind later. Just tell one of the officers supervising your detention.
If you decide not to have an examination, that fact, and any reasons you give for it, may be put before the Judge in any further proceedings.
As soon as possible after detaining you, the officer must apply to a District Court Judge for a warrant to authorise your continued detention.
If the Judge grants the warrant, you may be detained for up to 7 days, or such shorter period as the Judge may order. However, a warrant may be renewed by a Judge for further periods of up to 7 days each, if the Judge is satisfied that there are still reasonable grounds for believing that you have any Class A controlled drugs or Class B controlled drugs secreted within your body. You may not be detained for longer than 21 days.
If a detention warrant is issued there are certain circumstances in which a constable or a Customs officer may undertake a rub-down search or strip search, or both.
Supervising lawyer and doctor:
If the Judge issues a detention warrant, he or she must appoint a lawyer and a doctor to see that your rights are protected and that you are properly cared for while you are being detained. These people are NOT there as part of the team detaining you: they are there as agents of the court to ensure fair play. You should consult them on any legal or medical matter that is worrying you.
However, you are also entitled to arrange for your own lawyer or doctor to visit and advise you.
Right of appeal:
You may appeal to the High Court against the issue or renewal of a detention warrant, or against any condition of detention imposed by the District Court Judge. If you wish to appeal, consult the court lawyer or your own lawyer.
While you are detained, the court lawyer and the court doctor may visit you at any time. Your own lawyer, your own doctor, and any other person you may reasonably wish to see may call on you at any reasonable time.
End of detention:
You must be released if the Judge refuses to grant a detention warrant, or refuses to renew it, or the warrant is cancelled by the High Court on appeal.
You must also be released if a medical examination shows that you do not have any Class A controlled drugs or Class B controlled drugs secreted within your body, or if the officers detaining you cease to believe that you have any such drugs secreted within your body.
If you are arrested, your detention under section 13A of the Misuse of Drugs Amendment Act 1978 will cease, and you will then be detained under arrest. From then on, you will have all the rights of an arrested person.
You will not be entitled to appear in court while you are in detention. However, the court lawyer and your own lawyer will be entitled to address the court on appeal against a detention warrant or a condition of detention, or where an application is made for a renewal of the warrant.
This is only a brief summary of your rights. If there is anything you do not understand, talk to the court lawyer or your own lawyer.
Schedule 2: amended, on 1 October 2008, pursuant to section 116(a)(ii) of the Policing Act 2008 (2008 No 72).
Schedule 2: amended, on 22 June 2005, by section 29 of the Misuse of Drugs Amendment Act 2005 (2005 No 81).