Part 13 U.K.Discipline: Miscellaneous and Supplementary

Modifications etc. (not altering text)

C1 Pts. 11-13 applied (with modifications) (31.10.2009) by The Armed Forces (Court Martial) Rules 2009 (S.I. 2009/2041), art. 1, rule 128(3)(4)

Chapter 1 U.K.[F1 Random Drug Testing]

Textual Amendments

F1 Pt. 13 Ch. 1 heading substituted (1.11.2013) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 10; S.I. 2013/2501, art. 3(d)

305 [F2 Random drug testing] U.K.

(1) A drug testing officer may, in order for it to be ascertained whether or to what extent a person subject to service law has or has had drugs in his body, require the person to provide a sample of his urine for analysis.

(2) A drug testing officer may not impose a requirement under subsection (1) if—

(a) he or his commanding officer is the person's commanding officer; or

(b) the sample is sought in connection with an investigation under this Act of an offence F3 ....

(3) A person commits an offence if he fails to comply with a requirement imposed under subsection (1).

(4) In this section—

• “drug” means a controlled drug as defined by section 2 of the Misuse of Drugs Act 1971 (c. 38); and

• “drug testing officer” means an officer, warrant officer or non-commissioned officer who is authorised by or in accordance with regulations made by the Defence Council for the purpose of obtaining samples for analysis for drugs.

(5) 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 F4 ... imposed in respect of the offence must not exceed [F5 six months].

Textual Amendments

F2 S. 305 heading substituted (1.11.2013) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 11(a); S.I. 2013/2501, art. 3(d)

F3 Words in s. 305(2)(b) repealed (1.11.2013) by Armed Forces Act 2011 (c. 18), s. 32(3), Sch. 4 para. 11(b), Sch. 5; S.I. 2013/2501, art. 3(d)(e)

F4 Words in s. 305(5) repealed (2.4.2012) by Armed Forces Act 2011 (c. 18), ss. 15(1), 32(3), Sch. 5; S.I. 2012/669, art. 4(a)(f)(ii) (with art. 8)

F5 Words in s. 305(5) substituted (1.12.2020) by Sentencing Act 2020 (c. 17), s. 416(1), Sch. 25 para. 76 (with s. 416(7), Sch. 27); S.I. 2020/1236, reg. 2

Commencement Information

I1 S. 305 in force at 28.3.2009 for specified purposes by S.I. 2009/812, art. 3(a)(b) (with transitional provisions in S.I. 2009/1059)

I2 S. 305 in force at 31.10.2009 in so far as not already in force by S.I. 2009/1167, art. 4