Drug Workers Online Legal Manual

Registered Users:

View Manual

If you are interested in viewing the Drug Workers Legal Manual please contact Niamh Eastwood on 020 7324 2980 or email niamh@release.org.uk

The Drugs Workers Online Legal Manual provides comprehensive advice on the following areas:

Confidentiality and information sharing

This part of the manual considers those legal areas which are particularly pertinent in relation to information sharing and confidentiality within drug treatment services. The information provided focuses on those areas where a client’s information may be shared, considering issues of client consent and legal requirements of confidentiality and data protection laws.

The manual focuses on the duty of confidentiality and considers those situations where a breach of this duty is necessary. There is in-depth explanation of data protection laws and how to ensure those working in your area are meeting their obligations under the Data Protection Act 1998. Advice is also given on how to apply these legal principles in practice.

• Circumstances where client’s information is shared
• Confidentiality — what is your duty? When to breach?
• Legal disclosure of a client’s information
• Data protection law — how to meet your obligations under the Data Protection Act 1998
• Human rights implications
• A practical guide to applying the legal principles in practice

Drug treatment and criminal justice

With the increase of treatment provision within the criminal justice system, it is often difficult to keep abreast of all those areas where the two merge. The manual centres on the provision of drug treatment at each stage of the criminal justice process.

Information is provided on drug testing on arrest explaining trigger offences and the procedure followed in carry out these tests. Required assessments are explained and consideration is given to information sharing protocols within this setting.

Restrictions on bail and conditional cautions are discussed in full. DRRs are explained in depth, focusing on the conditions, the supervision protocol and potential breaches of an order.

Finally, consideration is given to the new intervention orders which see the provision of treatment services alongside the issuing of ASBOs.

• Drugs Act 2005 — testing on arrest — trigger offences and procedure
• Required assessments — what information does a assessor share
• DRRs — conditions, procedure and breaches
• Restrictions on bail
• Intervention Orders

Drugs and the law

With focus on the classification system and the Misuse of Drugs Act 1971 (MDA 1971), this invaluable tool will provide detailed advice on those drugs controlled under MDA 1971 and will outline those activities which are prohibited under the Act. There is also a brief outline of the Medicines Act 1968 and how it relates to the MDA 1971.

Advice will also be provided in relation to sentencing procedures; Proceeds of Crime 2002 provisions and new powers introduced under the Drugs Act 2005.

In- depth information is also provided in relation to potential liabilities for drugs workers. With particular focus on section 8 MDA 1971 and Closure Orders under ASBA 2003, advice is provided on good practice in order to avoid any potential liability. There is also advice provided in relation to paraphernalia and the law and proper procedure in relation to the storage of drugs on premises.

• Classification system of controlled drugs
• Misuse of Drugs Act 1971
• Medicines Act 1968
• Proceeds of Crime Act 2002
• Drugs Act 2005
• Sentencing
• Section 8 - Misuse of Drugs Act 1971
• Closure Orders
• Good practice guidelines
• Drug use in the home — other legal action
• Paraphernalia and the law
• Storage of drugs

Legal issues affecting drug users

General advice and guidance is provided on legal issues most affecting those accessing drugs services. These areas have been identified based on the Release Legal Team’s experience of provided legal surgeries at drugs projects and focuses on:

• Anti-Social Behaviour legislation including closure orders and intervention orders
• Housing and homelessness
• Debt
• Welfare benefits

The foreword has been written by Dr Tom Carnwath, Clinical Director, Substance Misuse Directorate, Tees, Esk & Wear Valleys NHS Trust. The manual has been peer reviewed by experts within the field including David Potter, partner at Potter & Shelley solicitors specialising in drugs offences, and Dawn McPherson, housing solicitor at Fisher Meredith named "Leader in Their Field" by Chambers and Partners.

If you are interested in the Drug Workers Legal Manual please contact Niamh Eastwood on 020 7324 2980 or email niamh@release.org.uk