Sentences of Imprisonment for Public Protection
Sentences of Imprisonment for Public Protection, abolished in 2012, have been widely criticised and the current government has committed to ending them “once and for all”.
The Prisons (Substance Testing) Bill 2019-21 was introduced to the House of Commons on 5 February 2020. It is a Private Members’ Bill introduced by Dame Cheryl Gillan. Report stage and third reading are due to take place on 22 January 2021. The Bill has Government support. Explanatory Notes have been prepared by the Ministry of Justice.
The Prisons (Substance Testing) Bill 2019-21 (313KB PDF)
HM Prisons and Probation Service (HMPPS) in its Prisons Drugs Strategy, April 2019, described the misuse of drugs in prison as “one of the biggest challenges facing our criminal justice system today”.
The law in England and Wales currently allows for mandatory drugs testing in prisons. Prisons Minister, Lucy Frazer, has said that drug testing is a “crucial part” of the strategy as it provides “robust evidence on the prevalence of drug misuse and can be used to support security measures, identify and signpost into drug treatment, monitor treatment compliance and act as an incentive to engage in treatment and recovery”.
Issues have been identified with the current legislation which provides for drug testing in prisons. The chemical composition of psychoactive substances is subject to rapid change. New psychoactive substances are often created with slight alterations to the chemical make-up of existing psychoactive substances. Currently, where the chemical composition of a psychoactive substance is changed, a change in the law to include that new substance is required. Amending the law for each new substance is time-consuming and can cause delays in detection.
Another issue with the law on drugs testing in prisons is that not all prescription and pharmacy medicines are included in the list of specified drugs prisons can test for. Also, there is currently no legislative basis for prevalence testing, an anonymised process to help identify any new substances being found routinely.
The Bill seeks to address these issues. It would
The Bill extends to England and Wales only. It would come into force on a date to be appointed by the Secretary of State.
The Prisons (Substance Testing) Bill 2019-21 (313KB PDF)
Sentences of Imprisonment for Public Protection, abolished in 2012, have been widely criticised and the current government has committed to ending them “once and for all”.
The Sentencing Act 2026 changes to automatic release dates for some prisoners will come into force from 1 October 2026. Following public campaigning and government reviews, the changes will not come into effect for those convicted of certain offences.
Information about sources of support for prisoners and prisoners' families.