Armed Forces Act 2006 (c. 52)

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)

Provision of specimens for analysis U.K.

93E Provision of specimens for analysis U.K.

(1) This section applies in relation to an investigation into whether a person has committed—

(a) an offence under section 20A;

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

(c) 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.

(2) In the course of the investigation a service policeman may require the person—

(a) to provide two specimens of breath for analysis by means of an approved device;

(b) to provide a specimen of blood or urine for a laboratory test.

(3) A requirement under this section may be imposed only at a service police establishment or a medical establishment.

(4) For the purposes of this section and section 93F, a person does not provide a specimen of breath for analysis unless the specimen—

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

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

(5) For the purposes of this section and section 93F, a person provides a specimen of blood if and only if—

(a) he consents to the taking of such a specimen from him;

(b) the specimen is taken from him by a registered medical practitioner or registered nurse; and

(c) the specimen is of sufficient quantity to enable it to be divided into two parts for the purposes of analysis.

(6) For the purposes of this section and section 93F, a person provides a specimen of urine if and only if the specimen—

(a) is provided within one hour of the requirement for its provision being made and after the provision of a previous specimen of urine; and

(b) is of sufficient quantity to enable it to be divided into two parts for the purposes of analysis.

(7) Where the provision of a specimen may be required under this section, the question of whether it is to be breath, blood or urine, and in the case of blood the question of who is to be asked to take it, is to be decided by the service policeman imposing the requirement.

(8) But where a service policeman decides for the purposes of subsection (7) to require the provision of a specimen of blood, there shall be no requirement to provide such a specimen if—

(a) the registered medical practitioner who is asked to take the specimen is of the opinion that, for medical reasons, it cannot or should not be taken; or

(b) the registered nurse who is asked to take it is of that opinion and there is no contrary opinion from a registered medical practitioner;

and where by virtue of this subsection there can be no requirement to provide a specimen of blood, the service policeman may require a specimen of urine instead.

(9) A service policeman must, on requiring a person to provide a specimen in pursuance of this section, warn the person that a failure to provide it may render the person liable to proceedings for a service offence.

(10) A person who, without reasonable excuse, fails to provide a specimen when required to do so in pursuance of this section is guilty of an offence.

(11) 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.

93F Further provision about specimens under section 93E U.K.

(1) Where two specimens of breath are provided by a person in pursuance of section 93E, the one with the lower proportion of alcohol in the breath is to be used and the other is to be disregarded.

(2) If the specimen with the lower proportion of alcohol contains no more than a prescribed proportion of alcohol, the person who provided it may claim that it should be replaced by such a specimen of blood or urine as may be required under section 93E.

(3) If the person then provides such a specimen, neither specimen of breath is to be used.

(4) In subsection (2) “prescribed” means prescribed by regulations made by the Defence Council for the purposes of this section; and the regulations may prescribe different proportions of alcohol in relation to different kinds of offence.

(5) On a request made at the time a specimen of blood or urine is provided under section 93E, the person who provided the specimen must be given a part of the specimen sufficient for the purposes of analysis.

93G Specimens of blood from persons incapable of consenting U.K.

(1) A service policeman may request a registered medical practitioner to take a specimen of blood from a person (“the person concerned”), irrespective of whether that person consents, if—

(a) the service policeman would (in the absence of any incapacity of the person concerned and of any objection under section 93H) be entitled under section 93E to require the person concerned to provide a specimen of blood for a laboratory test;

(b) it appears to the service policeman that the person concerned has been involved in an accident that constitutes or is comprised in the matter that is under investigation or the circumstances of that matter;

(c) it appears to the service policeman that the person concerned is or may be incapable of giving a valid consent to the taking of a specimen of blood (whether or not consent has purportedly been given); and

(d) it appears to the service policeman that that person's incapacity is attributable to medical reasons.

(2) It is lawful for a registered medical practitioner to whom a request is made under this section, if that practitioner thinks fit—

(a) to take a specimen of blood from the person concerned irrespective of whether that person consents; and

(b) to provide the specimen to a service policeman.

(3) The specimen must be of sufficient quantity to enable it to be divided into two parts for the purposes of analysis.

(4) If a specimen is taken in pursuance of a request under this section, it must not be subjected to a laboratory test unless the person concerned—

(a) has been informed that it was taken;

(b) has been required by a service policeman to give permission for a laboratory test of the specimen; and

(c) has given permission.

(5) A service policeman, on requiring a person to give permission for the purposes of this section for a laboratory test of a specimen, must warn the person that a failure to give the permission may render the person liable to proceedings for a service offence.

(6) On a request made at the time a person gives permission under this section for a laboratory test of a specimen, that person must be given a part of the specimen sufficient for the purposes of analysis.

(7) A person who, without reasonable excuse, fails to give permission for a laboratory test of a specimen taken from the person under this section is guilty of an offence.

(8) 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.]