Armed Forces Act 2006

305 Testing for drugs

(1) A drug testing officer may, in order for it to be ascertained whether or to what extent a person subject to service law has or has had drugs in his body, require the person to provide a sample of his urine for analysis.

(2) A drug testing officer may not impose a requirement under subsection (1) if—

(a) he or his commanding officer is the person’s commanding officer; or

(b) the sample is sought in connection with an investigation under this Act of an offence or an investigation of an incident within section 306(1)(a).

(3) A person commits an offence if he fails to comply with a requirement imposed under subsection (1).

(4) In this section—

• “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38); and

• “drug testing officer” means an officer, warrant officer or non-commissioned officer who is authorised by or in accordance with regulations made by the Defence Council for the purpose of obtaining samples for analysis for drugs.

(5) A person guilty of an offence under this section is liable to any punishment mentioned in the Table in section 164, but any sentence of imprisonment or service detention imposed in respect of the offence must not exceed 51 weeks.