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Compulsory drug testing offenders on arrest and measures to enforce intervention orders included in the Drugs Bill may breach European human rights legislation, writes Sally Gillen.

A report by The Joint Committee on Human Rights released yesterday says the measures could breach article 8 of the legislation which allows the right to respect for a private life.

“Our concern is that people who have been compulsorily drug-tested on arrest are then effectively coerced, by threat of criminal sanction, into agreeing to treatment, before being charged with any criminal offence and without any prior judicial authorisation.”

Under clause 7 of the bill, which is going through its second reading in the Commons, police would have the power to carry out compulsory drug testing where it is believed drug taking may have prompted the offence.

Clauses nine and 10 require people who test positive to attend assessments on their drug use and to make intervention orders alongside antisocial behaviour orders requiring attendance at treatment programmes.

But Article 8 of the European Convention on Human Rights allows a person with capacity to refuse treatment even if it is in their best interests. 

Report from http://www.publications.parliament.uk/pa/jt200405/jtselect/jtrights/47/4702.htm