Armed Forces Act 2006

306 Testing for alcohol and drugs after serious incident

(1) This section applies where—

(a) an incident has occurred which in the opinion of an officer resulted in, or created a risk of, death or serious injury to any person or serious damage to any property; and

(b) in the opinion of the officer, it is possible that a person within subsection (3) (“A”) may have caused or in any way contributed to—

(i) the occurrence of the incident;

(ii) any death or serious injury to any person, or serious damage to any property, resulting from it; or

(iii) the risk of any such death, injury or damage.

(2) The officer may, in order for it to be ascertained whether or to what extent A has or has had alcohol or drugs in his body, require A to provide a sample for analysis.

(3) A person is within this subsection if—

(a) he is a person subject to service law or a civilian subject to service discipline; and

(b) the officer mentioned in subsection (1) is his commanding officer.

(4) A person commits an offence if without reasonable excuse he fails to comply with a requirement imposed under subsection (2).

(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.

(6) The Defence Council may by regulations provide for the delegation by an officer of—

(a) functions conferred by this section;

(b) functions conferred by regulations under section 308 so far as relating to the obtaining of samples under subsection (2) of this section.