Statutory Instruments
2023 No. 784
Criminal Law, England And Wales
The Criminal Justice (Specified Class A Drugs) Order 2023
Made
10th July 2023
Laid before Parliament
12th July 2023
Coming into force
2nd August 2023
The Secretary of State makes the following Order in exercise of the power conferred by section 70(1) of the Criminal Justice and Court Services Act 2000( 1 ).
Citation, commencement and extent
1. —(1) This Order may be cited as the Criminal Justice (Specified Class A Drugs) Order 2023 and comes into force on 2nd August 2023.
(2) This Order extends to England and Wales.
Specified Class A drugs
2. For the purposes of section 70(1) of the Criminal Justice and Court Services Act 2000 ( 2 ), the term “specified Class A drugs”( 3 ) means the substances and products specified in paragraphs 1 to 5 of Part 1 (Class A drugs) of Schedule 2 to the Misuse of Drugs Act 1971 ( 4 ).
Revocation
3. The Criminal Justice (Specified Class A Drugs) Order 2001( 5 ) is revoked.
Chris Philp
Minister of State
Home Office
10th July 2023
2000 c. 43 (“ the 2000 Act ”). Section 70(1) was amended by section 11(1) and (3) of the Offender Rehabilitation Act 2014 (c. 11) . There are other amendments to section 70 which are not relevant to this instrument.
The specification also has effect, accordingly, for the purposes of section 3(6E) of, and paragraph 6B(3) of Part 1 of Schedule 1 to, the Bail Act 1976 (c. 63) ; section 63C(6) of the Police and Criminal Evidence Act 1984 (c. 60) ; section 256D(6) of the Criminal Justice Act 2003 (c. 44) ; section 19(3) of the Drugs Act 2005 (c. 17) ; paragraph 10ZB(2) of Schedule 1 to the Terrorism Prevention and Investigation Measures Act 2011 (c. 23) ; and section 34A(7) of the Sentencing Act 2020 (c. 17) (which is not yet commenced). These provisions provide that specified Class A drugs, for the purposes set out in those provisions, have the same meaning as in Part 3 of the 2000 Act.
Class A drug is defined in section 70(1) of 2000 Act to have the same meaning as in the Misuse of Drugs Act 1971 (c. 38) (“ the 1971 Act ”). See section 2 of the 1971 Act for the definition of “Class A drug” under that Act.
1971 c. 38 . Part I of Schedule 2 has been amended by section 21 of the Drugs Act 2005 (c. 17) and S.I. 1973/771 , 1975/421 , 1977/1243 , 1979/299 , 1983/765 , 1984/859 , 1986/2230 , 1990/2589 , 1998/750 , 2001/3932 , 2003/1243 , 2003/3201 , 2006/3331 , 2011/744 , 2014/1106 , 2014/3271 , 2015/215 and 2017/634 .