[F134A Failure to provide a sample for drug testing.F5U.K.
(1)Any person subject to military law who, when requested to do so by a drug testing officer, fails to provide a sample of his urine for [F2the purpose of ascertaining whether, or to what extent, he has, or has had, drugs in his body] shall, on conviction by court-martial, be liable to imprisonment for a term not exceeding six months or any less punishment provided by this Act.
[F3(1A)A drug testing officer may not request a person to provide a sample under subsection (1) above if—
(a)he is that person’s commanding officer, or
(b)the commanding officer of that person is also his commanding officer.
(1B)A request under subsection (1) above may not be made if the sample is sought in connection with—
(a)an investigation under this Act of an offence, or
(b)an investigation of such an incident as is referred to in section 32(1)(a) of the Armed Forces Act 2001 (powers to test for alcohol or drugs after serious incident).
(1C)The results of tests performed on a sample provided by a person at the request of a drugs testing officer shall not be admissible in evidence against—
(a)that person, or
(b)any other person,
in proceedings before a court-martial, commanding officer or appropriate superior authority.
(1D)Nothing in this section—
(a)limits the powers conferred by—
[F4(i)any provision of the Road Traffic Act 1988 (c. 52),]
(ii)sections 62 and 63 of the Police and Criminal Evidence Act 1984 (intimate and other samples), as applied by order under section 113(1) of that Act; or
(b)affects the admissibility in any proceedings of evidence obtained under those powers.]
(2)For the purposes of this section—
“drug” means any drug which is a controlled drug for the purposes of the M1Misuse of Drugs Act 1971; and
“drug testing officer” means an officer, warrant officer or non-commissioned officer who is authorised by or in accordance with Queen’s Regulations for the purpose of supervising the conduct of tests for the presence of drugs.]
Textual Amendments
F1S. 34A inserted (1.10.1996) by 1996 c. 46, s. 32(2); S.I. 1996/2474, art. 2
F2Words in s. 34A(1) substituted (28.2.2002) by 2001 c. 19, ss. 32(9), 39(2), Sch. 5 para. 1(2), S.I. 2002/345, arts. 2,3
F3S. 34A(1A)-(1D) inserted (28.2.2002) by 2001 c. 19, ss. 32(9), 39(2), Sch. 5 para. 1(3), S.I. 2002/345, arts. 2,3
F4S. 34A(1D)(a)(i) substituted (30.3.2004) by Railways and Transport Safety Act 2003 (c. 20), s. 120(1), Sch. 7 para. 10; S.I. 2004/827, art. 3(ii)
Marginal Citations
Textual Amendments applied to the whole legislation
F5Act: the provisions of the 1955 Acts providing for findings of courts-martial to be subject to confirmation and to revision at the direction of the confirming officer cease to have effect (1.4.1997 subject to art. 3 of the commencing S.I.) by virtue of 1996 c. 46, s. 15; S.I. 1997/304, arts. 2, 3, Sch. 2