Part 3 U.K. Powers of Arrest, Search and Entry

[F1 CHAPTER 3A U.K. Testing for alcohol and drugs on suspicion of offence

Textual Amendments

F1 Pt. 3 Ch. 3A inserted (8.3.2012 for specified purposes, 1.11.2013 in so far as not already in force) by Armed Forces Act 2011 (c. 18), ss. 11(1), 32(3); S.I. 2012/669, art. 3(c); S.I. 2013/2501, art. 3(b)

Preliminary testing for alcohol and drugs U.K.

93A Commanding officer's power to require preliminary tests U.K.

(1) This section applies where the commanding officer of a person subject to service law has reasonable cause to believe that that person—

(a) is committing a relevant offence; or

(b) has committed a relevant offence and still has alcohol or a drug in the body or is still under the influence of a drug.

(2) In this section “relevant offence” means—

(a) an offence under section 20A; or

(b) an offence under section 20(1)(a) in respect of a safety-critical duty (as defined by section 93I).

(3) This section also applies where the commanding officer of a person who is a civilian subject to service discipline has reasonable cause to believe that that person—

(a) is committing an offence under section 42 as respects which the corresponding offence under the law of England and Wales is an offence under section 78, 79, 92 or 93 of the Railways and Transport Safety Act 2003 (maritime and aviation offences); or

(b) has committed such an offence under section 42 and still has alcohol or a drug in the body or is still under the influence of a drug.

(4) The commanding officer may require the person mentioned in subsection (1) or (3) (“the suspected person”) to co-operate with any one or more of—

(a) a preliminary breath test (see section 93B);

(b) a preliminary impairment test (see section 93C);

(c) a preliminary drug test (see section 93D).

(5) The Defence Council may by regulations provide for the delegation by a commanding officer of the commanding officer's functions under this section.

(6) A person who, without reasonable excuse, fails to comply with a requirement imposed under subsection (4) commits an offence.

(7) 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 imposed in respect of the offence must not exceed two years.

(8) For the purposes of this section, a person does not co-operate with a preliminary test unless the person's co-operation—

(a) is sufficient to enable the test to be carried out; and

(b) is provided in such a way as to enable the objective of the test to be satisfactorily achieved.]