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

Modifications etc. (not altering text)

C1 Pt. 3 applied (with modifications) (19.6.2023) by The Service Police (Complaints etc.) Regulations 2023 (S.I. 2023/624), reg. 1(1), Sch. 1 para. 3

[F1 CHAPTER 3A U.K.Testing for alcohol and drugs [F2 in connection with a suspected offence or accident]

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)

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 U.K.

93B Preliminary breath test U.K.

(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 [F4 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 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.

[F5 (1A) 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 [F6 93A(1)(a)] or (3)(a) which the commanding officer has reasonable cause to believe has been committed.]

Textual Amendments

F3 Words in s. 93B(1) inserted (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(4)(a), 19(1); S.I. 2018/876, reg. 2(a)(b)

F4 Word in s. 93B(1)(a) 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(4)(b), 19(1); S.I. 2018/876, reg. 2(a)(b)

F5 S. 93B(1A) inserted (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(4)(c), 19(1); S.I. 2018/876, reg. 2(a)(b)

F6 Word in s. 93B(3) 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(4)(d), 19(1); S.I. 2018/876, reg. 2(a)(b)