Official Report 76KB pdf
We now consider instruments that are not subject to parliamentary control, the first of which is the Act of Adjournal (Criminal Procedure Rules Amendment No 4) (Drug Treatment and Testing Orders) 1999 (SSI 1999/191). We have received advice about possible difficulties relating to section 234(c) of the Criminal Procedure (Scotland) Act 1995. It is possible that matters are not in order and that there are vires difficulties. We should seek clarification. It appears that if people are to be tested, that will affect their earliest possible date of release and the classification of prison that they go to. We should ensure that if this measure goes ahead, it does so properly.
There are uncertainties that we should avoid if we can.