The Armed Forces Bill

AFB 14

Supplementary written evidence from the Ministry of Defence

Alcohol and Drugs Provisions of the Armed Forces Bill

1. This Memorandum is in response to questions raised by Thomas Docherty MP during oral evidence taken before the Select Committee on the Armed Forces Bill on 3 February 2011. The questions were in relation to the differences between Road Traffic legislation and the Armed Forces Bill regarding the quantity of samples required (set out in sec 93E (5) (c ) and 93 (6) (b)); and the requirement to obtain a specimen of urine within one hour of the requirement for its provision being made.

Quantity of samples

2. This requirement was requested in para 21.32 and 21.33 of the initial instructions to counsel. Para 21.32 of the instructions dealt with the admissibility of a sample of blood or urine requiring the sample obtained to be one of two parts which was to be divided at the time it was provided and the other part was to be made available to the person to arrange his own analysis. Para 21.33 dealt with the requirement for a specimen of sufficient quantity for 2 samples. These instructions reflect the position set out in the provisions of the Road Traffic Offenders Act 1988 [1] . Therefore the provisions set out in 93E(5)(c) 93E(6)(b) requiring a specimen to be of sufficient quantity to divide into two parts for analysis is required to tie in with the provisions of the Road Traffic Offenders Act 1988.

3. It is clear that there are two issues here: the admissibility of the samples; and the procedure for obtaining the samples.

4. Parliamentary Counsel advised that the appropriate place for provisions relating to admissibility of evidence is in rules made under section 163(2)(d), 153(2)(b) and 288(2)(d) of AFA 06 [2] . However she acknowledged that for the process to work properly, it must be the case that the sample is large enough to divide into 2 parts and the accused is given part of the sample on request; therefore, these issues are dealt with in sections 93E(5)(c) 93E(6)(b) and 93F(5) [3] . The admissibility of evidence will be dealt with in later rules.

5. Therefore the provisions relating to specimens being of a quantity to enable them to be divided into two parts for analysis is required to reflect the provisions of the Road Traffic Offenders Act 1988.

Requirement to obtain a specimen of urine within one hour of the requirement for its provision

6. This requirement, as set out in Section 93E(6) is exactly the same wording as is contained in Section 7(5) Road Traffic Act 1988.

Ministry of Defence

15 February 2011