Immigration and Asylum Act 1999

This section has no associated Explanatory Notes

2(1)If an authorisation is in force, a detainee custody officer may, at the centre to which the authorisation applies and in accordance with detention centre rules, require a detained person who is confined in the centre to provide a sample for the purpose of ascertaining—

(a)whether he has a drug in his body; or

(b)whether he has alcohol in his body.

(2)The sample required may be one or more of the following—

(a)a sample of urine;

(b)a sample of breath;

(c)a sample of a specified description.

(3)Sub-paragraph (2)(c)—

(a)applies only if the authorisation so provides; and

(b)does not authorise the taking of an intimate sample.

(4)“Authorisation” means an authorisation given by the Secretary of State for the purposes of this paragraph in respect of a particular detention centre.

(5)“Drug” means a drug which is a controlled drug for the purposes of the [1971 c. 38.] Misuse of Drugs Act 1971.

(6)“Specified” means specified in the authorisation.

(7)“Intimate sample”—

(a)in relation to England and Wales, has the same meaning as in Part V of the [1984 c. 60.] Police and Criminal Evidence Act 1984;

(b)in relation to Scotland, means—

(i)a sample of blood, semen or any other tissue fluid, urine or pubic hair;

(ii)a dental impression;

(iii)a swab taken from a person’s body orifice other than the mouth; and

(c)in relation to Northern Ireland, has the same meaning as in Part VI of the [S.I. 1989/1341 (N.I. 12).] Police and Criminal Evidence (Northern Ireland) Order 1989.