Part 13Discipline: Miscellaneous and Supplementary
Chapter 1F1Random Drug Testing
305F2Random drug testing
(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 F3....
(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 F4... imposed in respect of the offence must not exceed 51 weeks.
F5306Testing for alcohol and drugs after serious incident
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F6307Definitions etc for purposes of section 306
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308F7Section 305: supplementary
(1)
The Defence Council may by regulations make provision about the obtaining of samples under F8section 305(1) and the analysis of such samples, including in particular provision—
(a)
as to the number of samples which a person may be required to provide;
F9(b)
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(c)
enabling the person imposing a requirement under section 305(1) F10... to specify the way in which the sample is to be provided;
(d)
prescribing circumstances in which a requirement under section 305(1) F11... may not be imposed;
(e)
as to the equipment to be used, and the procedures to be followed, in obtaining or analysing samples;
(f)
as to the qualifications and training of any persons engaged in obtaining or analysing samples.
F12(2)
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(3)
The results of any analysis of a sample provided pursuant to a requirement imposed under section 305(1) F13...are not admissible in evidence against any person in proceedings in respect of a service offence.
(4)
Nothing in this Chapter limits the powers conferred by—
F14(za)
Chapter 3A of Part 3,
(a)
any provision of the Road Traffic Act 1988 (c. 52), or
(b)
any provision of an order under section 113(1) of PACE which makes provision equivalent to any provision of Part 5 of PACE (questioning and treatment of persons by police),
or affects the admissibility in any proceedings of evidence obtained under those powers.