Section 93B Preliminary breath testF1

United Kingdom

(1)

F2 In a situation described in section 93A(1) or (3), a preliminary breath test is a procedure administered by a service policeman under which—

(a)

the F3affected person provides a specimen of breath; and

(b)

the specimen is used for the purpose of obtaining, by means of an approved device, an indication whether the proportion of alcohol in the person's breath or blood is likely to be such as is necessary for the commission of the suspected offence.

(F41A)

In a situation described in section 93A(3A), (3B) or (3C), a preliminary breath test is a procedure administered by a service policeman under which—

(a)

the affected person provides a specimen of breath; and

(b)

the specimen is used for the purpose of obtaining, by means of an approved device, an indication of the proportion of alcohol in the person's breath or blood.

(2)

A preliminary breath test may be administered only—

(a)

at or near the place where the requirement to co-operate with the test is imposed;

(b)

at a service police establishment determined by the service policeman; or

(c)

at a medical establishment.

(3)

In this section “the suspected offence” means an offence mentioned in section F593A(1)(a) or (3)(a) which the commanding officer has reasonable cause to believe has been committed.

Annotations

Textual amendments

F1: Pt. 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)
F2: Words in s. 93B(1) inserted (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(4)(a), 19(1); S.I. 2018/876, reg. 2(a)(b)
F3: Word in s. 93B(1)(a) 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(4)(b), 19(1); S.I. 2018/876, reg. 2(a)(b)
F4: S. 93B(1A) inserted (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(4)(c), 19(1); S.I. 2018/876, reg. 2(a)(b)
F5: Word in s. 93B(3) 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(4)(d), 19(1); S.I. 2018/876, reg. 2(a)(b)

Notes on the whole Act

Textual amendments

F1: Act expires on 15.12.2022 by virtue of s. 382 (as substituted (15.12.2021) by Armed Forces Act 2021 (c. 35), ss. 1(1), 24(2)(a)) (subject to power to continue in s. 382(2)(3) as so substituted)

Notes on Part 3

Modifications

C1: Pt. 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

Notes on Chapter 3A

Textual amendments

F2: Words 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)