Cap. 537 Art. 6Drug Offenders Rehabilitation Board.

(1) There shall be a Board to be known as the Drug

Offenders Rehabilitation Board which shall consist of:

(a) a Chairman who shall be appointed by the Minister who shall be either a retired Judge or a retired

Magistrate or a person who shall have exercised the profession of advocate for a period of at least twelve years;

(b) one member who shall be appointed by the Minister upon the recommendation of the Minister responsible for social policy;

(c) one member who shall be appointed by the Minister upon the recommendation of the Minister responsible for home affairs;

(d) one member who shall be appointed by the Minister upon the recommendation of the Minister responsible for health;

(e) three (3) members who shall be appointed by the Minister: Provided that the persons appointed in accordance with paragraphs (b), (c) and (d) shall be appointed from amongst persons practicing professions or carrying out duties which are relevant to the rehabilitation of persons suffering from drug dependence and the persons appointed in accordance with paragraph (e) shall be appointed from amongst retired public officers who in the opinion of the Minister are appropriate to serve on the Board and, or from amongst other persons who are competent within the field of rehabilitation from drug dependence.

(2) The Minister may appoint more than one formation of the Board in accordance with the method of appointment provided in sub-article (1).

(2a) Four (4) members, including the Chairman of the Board shall constitute a in its meetings. quorum

(3) In the case of equality of votes the Chairman of the Board shall have a casting vote.

(4) The Drug Offenders Rehabilitation Board shall have the following powers and functions:

(a) to interview and examine any person who is referred to it by the Commissioner for Justice or by a Court in terms of the provisions of this Act or of any other law;

(b) to order the taking of such blood or urine samples from any person referred to it;

(c) to obtain any information, technical assistance or expert advice from any Government department or agency or from any body set up by law for the purpose of assessing the situation of any person referred to itand to provide assistance to any person referred to it in particular with regard to any mental health issues and to assist any such person to overcome the social threats of addiction such as the absence of a fixed place of abode and unemployability and for this purpose the Board shall be entitled to consult the Housing Authority and JobsPlus;

(d) to take such proportionate measures as may appear to the Board to be necessary for the purpose of assisting the person referred to it to combat drug dependence problems;

(e) to issue such orders or recommendations, which may also include orders restrictive of freedom of movement, for treatment or rehabilitation to any person referred to it for the purpose of assisting such person to combat drug dependence problems;

(f) to advise and assist the Commissioner for Justice, the Court of Magistrates or any other Court of criminal jurisdiction upon the request of the said Commissioner for Justice or Court in relation to measures related to proceedings before the Commissioner for Justice or the Court, or in matters relating to the assistance and rehabilitation of drug offenders and persons charged with offences under the drug laws or with offences which are related, directly or indirectly to drug dependence;

(g) to oversee and advise about the establishment and operation of a programme aimed at providing psychological support to family members and other persons with a close connection to persons suffering from drug dependence problems;

(h) to work in co-ordination with the justice, social policy, police, health and judicial training authorities for the organization of training for practitioners involved in activities related to the control of drug abuse and drug related behaviour;

(i) to perform any other function related to the rehabilitation of drug abusers as the Minister may from time to time by regulations assign to it.

(5) Generally, for the purpose of exercising its powers and functions, the Board shall have, all such powers mutatis mutandis, as are by the provisions of Book Second of the Criminal Code vested in the Court of Magistrates.

(6) In the performance of its functions, the Board shall act with independence and impartiality and it shall be subject to the general supervision of the courts of criminal jurisdiction as provided in this article.

(7) Where any person who is referred to the Board by a court wishes to contest a decision taken with regard to him or her by the Board:

(a) that person may file an application for the said purpose before the court by which he or she was referred to the Board;

(b) the said court shall, in considering the application, give due consideration to the grounds of complaint, to the reasons for the decision of the Board, and to any other information which it may demand from the Board; and

(c) the court may either confirm its agreement with the decision of the Board or refer the matter back to the Board with direction for the variation of the decision.

(8) The procedure provided for in sub-article (7) shall also apply to decisions taken by the Board in respect of persons who are referred to it by a Commissioner for Justice in which case the application referred to in paragraph (a) of sub-article (7) shall be filed before the Court of Magistrates as a Court of Criminal Judicature in the island where the applicant resides.