Drug Testing on Charge at Police Station

Criminal Justice Act 2003, s.63B (PACE 1984, as inserted by CJA 2003)

Warrant: No
Force: No
Notice: No

Provides for the testing of persons charged with trigger offences for the presence of specified Class A drugs (heroin and cocaine/crack). The test is taken by a urine or non-intimate sample at the police station. A positive test may be followed by a required assessment by a drugs worker. This power is aimed at identifying drug-misusing offenders and linking them with treatment.

Conditions

The person must have been charged with a trigger offence (specified offences linked to drug misuse)
The person must be aged 18 or over
An inspector or above must have authorised the test where the charge is for a non-trigger offence but drug use is suspected
The test must be carried out at a police station

Limitations

Only specified Class A drugs (heroin and cocaine/crack) are tested for
Refusal to provide a sample without good cause is a criminal offence
The results cannot be used as evidence against the person in the proceedings for the trigger offence

Last updated 24 September 2026