C1Part 3Powers of Arrest, Search and Entry
F1CHAPTER 3ATesting for alcohol and drugs F2in connection with a suspected offence or accident
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)
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
93CPreliminary impairment test
1
A preliminary impairment test is a procedure under which a service policeman—
a
observes the F3affected person performing tasks specified by the service policeman; and
b
makes such other observations of the F4affected person's physical state as the service policeman thinks expedient.
2
A preliminary impairment 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
The Provost Marshals (acting jointly) must issue, and may from time to time revise, a code of practice about—
a
the kind of task that may be specified for the purposes of a preliminary impairment test;
b
the kind of observation of physical state that may be made in the course of a preliminary impairment test;
c
the way in which a preliminary impairment test should be administered; and
d
the inferences that may be drawn by a service policeman from observations made in the course of a preliminary impairment test.
4
In subsection (3) “the Provost Marshals” F5means—
a
the Provost Marshals of each of the service police forces, and
b
the Provost Marshal for serious crime.
5
A service policeman administering a preliminary impairment test must have regard to the code of practice.
6
A service policeman may administer a preliminary impairment test only if the service policeman is approved for that purpose by a Provost Marshal of a service police force F6or the Provost Marshal for serious crime.
7
A code of practice under this section may include provision about—
a
the giving of approval under subsection (6); and
b
in particular, the kind of training that a service policeman should have undergone, or the kind of qualification that a service policeman should possess, before being approved under that subsection.
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