Drug testing on arrest for violent offences - is it legal?
The Association of Chief Police Officers (ACPO) and the Home Office contacted DIP intensive areas in June 2009 and encouraged local police forces to increase the use of the ‘inspector’s authority’ provision to drug test more people on arrest. In particular, the aim is for those arrested for violent or public order offences to be subject to a drug test, to search for the presence of heroin or cocaine.
Prior to this instruction an individual was only subject to a test on arrest where they were found to be in possession of a specfied controlled drug (cocaine/heroin) or it was believed that they were supplying specified controlled drugs, or they were arrested for a trigger offence. The other situation was where an officer of the rank of inspector or above authorized a test; because there were reasonable grounds to suspect that misuse of a class A drug caused or contributed to the offence. This is also known as ‘inspector’s authority’.
The advice issued in June 2009 actively encourages the police to use ‘inspector’s authority’ as a blanket provision to drug test for ‘non-trigger’ offences - turning it into a tool to penalise more drug users. Initially only adopted in six pilot areas this approach is now being rolled out by other police forces in
The legality of this blanket approach and the waste of resources (both police & treatment services) are two issues that must be addressed immediately.
Anyone who has been arrested and drug tested under ‘inspector’s authority’ should contact Release for legal advice on 0845 4500 215.