Police officers will be given stronger powers to drug test people following arrest, as part of government action to tackle the root causes of offending and reduce violent crime and anti-social behaviour.
Under current legislation, police have the power to test someone in custody either on arrest or after charge for Class A drugs such as heroin and cocaine.
To further combat the use of illegal drugs and its link to criminal activity, the government will expand drug testing on arrest to include specified Class B and C drugs for the first time and expand the list of offences that trigger a drug test.
Under current legislation there are 21 existing trigger offences, which includes crimes such as theft, robbery, handling stolen goods and possession of an illegal drug.
But in a move to help make streets safer, the government will expand and amend this list of offences to include more crime types including rape, grievous bodily harm and anti-social behaviour.
Policing Minister Dame Diana Johnson said:
“Drug testing on arrest plays an important role in combatting the use of illegal drugs and the harms they cause by addressing possible causal factors in criminal behaviour.
“As part of our Plan for Change, we are expanding the police’s ability to use these powers to get a stronger understanding of the impacts of wider drug misuse and direct more people towards the support they need to overcome addiction.
“We are also adding a range of new trigger offences, including serious crimes such as rape, grievous bodily harm and anti-social behaviour. This is an important step in our efforts to make streets safer and reduce serious violent crime across the country.”
The government is taking this action as research has shown there is a significant correlation between drug use and crime.
Therefore serious crime types such as rape, sexual assault, grievously bodily harm and possession of an offensive weapon will be included on the expanded list of trigger offences.
The main purpose of drug testing on arrest is to help support people to confront their drug use and address potential links to criminal behaviour.
If someone tests positive for a listed substance, police can refer them for specialised treatment or interventions that would help to address their drug taking and help reduce reoffending.
Latest statistics released last week show more than 150,000 drug tests on arrest have been reported from March 2022 to September 2024, with 56% of these showing as positive for cocaine, opiates, or both. Where data is available, more than 50% of those who tested positive for these drugs were referred for treatment services.
Other crime types, such as anti-social behaviour and drink driving offences, will also be featured on the expanded list, as well as several provisions under the Football Offences Act 1991. This includes the throwing of missiles at a fixture, tragedy/racist chanting and pitch invasion.
As part of the move, the government will also remove some of the current trigger offences which relate to fraud. This is because there appears to be no link between drugs and these offences.
