C1Part 3Powers of Arrest, Search and Entry

Annotations:
Modifications etc. (not altering text)

F1CHAPTER 3ATesting for alcohol and drugs F2in connection with a suspected offence or accident

Annotations:
Amendments (Textual)
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)

F2

Words in Pt. 3 Ch. 3A heading substituted (19.7.2018 for specified purposes, 1.1.2019 in so far as not already in force) by Armed Forces Act 2016 (c. 21), ss. 2(1), 19(1); S.I. 2018/876, reg. 2(a)(b)

Preliminary testing for alcohol and drugs

93BPreliminary breath test

1

F3 In a situation described in section 93A(1) or (3), a preliminary breath test is a procedure administered by a service policeman under which—

a

the F4affected person provides a specimen of breath; and

b

the specimen is used for the purpose of obtaining, by means of an approved device, an indication whether the proportion of alcohol in the person's breath or blood is likely to be such as is necessary for the commission of the suspected offence.

F51A

In a situation described in section 93A(3A), (3B) or (3C), a preliminary breath test is a procedure administered by a service policeman under which—

a

the affected person provides a specimen of breath; and

b

the specimen is used for the purpose of obtaining, by means of an approved device, an indication of the proportion of alcohol in the person's breath or blood.

2

A preliminary breath test may be administered only—

a

at or near the place where the requirement to co-operate with the test is imposed;

b

at a service police establishment determined by the service policeman; or

c

at a medical establishment.

3

In this section “the suspected offence” means an offence mentioned in section F693A(1)(a) or (3)(a) which the commanding officer has reasonable cause to believe has been committed.