Modifications etc. (not altering text)
C1Pt. 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
Textual Amendments
F1Pt. 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)
F2Words 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)
(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.]