Drug testing on arrest

Drug testing following arrest

The police are allowed to test you for any controlled drug in the following circumstances:

  • You have been arrested or charged with a ‘trigger offence’ or,
  • When a police inspector, or higher rank, has reasonable grounds for suspecting that the offence was linked to the use of any controlled drug, and authorises the taking of a sample. 

You must be 18 years or over if the police want to drug test you at the time of your arrest, and you must be 14 years-old or over if they want to test you at the time you are charged.

The police must tell you that you are required to give a sample.

Trigger offences

Trigger offences are generally offences involving stealing, fraud or drugs. The Crime and Policing Act 2026 inserted a new list of trigger offences for the purposes of drug testing on arrest into the Police and Criminal Evidence Act 1984 (PACE). Schedule 2B of PACE lists the following as trigger offences, which can lead to someone being required to take a drug test while in police detention.

Drug offences

  • Production of controlled drugs.
  • Supply of controlled drugs.
  • Possession of a specified controlled drug.
  • Possession of a specified controlled drug with intent to supply.

Theft and related offences

  • Theft, including shoplifting.
  • Robbery.
  • Burglary.
  • Aggravated burglary.
  • Taking a motor vehicle or other conveyance without permission.
  • Aggravated vehicle-taking.
  • Handling stolen goods.
  • Going equipped to steal.
  • Attempted theft, robbery, burglary or handling stolen goods.

Violence and assault offences

  • Common assault.
  • Battery.
  • Threats to kill.
  • Wounding with intent to cause grievous bodily harm (GBH).
  • Malicious wounding.
  • Assault occasioning actual bodily harm (ABH).
  • Cruelty to a child under 16.
  • Strangulation or suffocation.

Public order offences

  • Violent disorder.
  • Affray.
  • Threatening behaviour intended to cause fear or provoke violence.
  • Intentional harassment, alarm or distress.
  • Intentional harassment, alarm or distress on account of sex.
  • Harassment under section 5 of the Public Order Act 1986.
  • Racially or religiously aggravated harassment and related offences.

Criminal damage

  • Destroying or damaging property, excluding arson.
  • Destroying or damaging property with intent to endanger life, or being reckless as to whether life would be endangered, excluding arson.

Weapons offences

  • Carrying an offensive weapon in a public place.
  • Possession of a flick knife, flick gun or gravity knife.
  • Possession of a knife or bladed article in a public place.
  • Possession of a knife, bladed article or offensive weapon on educational premises.
  • Possession of a prohibited offensive weapon in private.

Driving offences

  • Driving while unfit through drink or drugs.
  • Being in charge of a vehicle while unfit through drink or drugs.

Harassment, stalking and controlling behaviour

  • Harassment.
  • Stalking.
  • Putting someone in fear of violence.
  • Stalking involving fear of violence or serious alarm or distress.
  • Harassing someone in their home.
  • Controlling or coercive behaviour.

Sexual offences

  • Rape.
  • Assault by penetration.
  • Sexual assault.
  • Administering a substance to someone with intent to stupefy or overpower them to enable sexual activity.

Football-related offences

  • Throwing missiles at football matches.
  • Indecent or racist chanting at football matches.
  • Entering the playing area without lawful authority at a football match.

The full list of offences, including the relevant legislative provisions, is available in Schedule 20 of the Crime and Policing Act 2026.

Method of testing and refusal of test

Saliva swabs are taken to check whether a controlled drug has been taken. Alternatively, a urine sample may be taken. 

The police cannot use force to take any sample for the purpose of drug testing. However, not giving a sample for testing is a separate offence punishable by a prison sentence of up to three months and/or a fine of up to £2,500. 

If you refuse to provide a sample without a good reason, you should be told by the police officer that you could be prosecuted.

Disagreeing with a test

You must tell the police if you do not accept the results of a positive drug test. The sample will then be sent to a laboratory to be tested again. This will also happen when there is a positive drug test and you have admitted to using any medicine, whether prescribed or not, in the last 24 hours. 

The effects of a positive drug test

If you test positive for a controlled drug you can be made to attend an initial assessment with a drugs worker to see if you are likely to use the substance again and are suitable for treatment. You may also have to attend a follow up assessment if the drug worker thinks this is needed. Attendance is mandatory even if you are released without any further action in respect of the original offence you were arrested for. If the police advise you to attend an assessment and/or a follow-up assessment they must tell you that if you fail to attend without good cause it is a separate offence for which you can be prosecuted.

Failure to attend the initial assessment or follow-up assessment (if required), or failure to remain for the duration of the assessments is punishable by a prison sentence of up to three months and/or a fine of up to £2,500.

A positive test result will also be passed on to the court and must be taken into account when the court makes a decision on bail. If the court decides to give you bail, it will be a condition of your bail to go to that appointment and any follow-up meetings. If you do not agree to this you will not be given bail and will be kept in prison until the next hearing.

Drug testing young people

Testing on arrest cannot be carried out on those under 18 years old. 

Testing upon charge can be carried out on those aged 14 years and above. Young people should not be tested without the presence of an ‘appropriate adult’.

An appropriate adult can be any of the following:

  • A parent or guardian, or if the young person is in the care of the local authority, a representative;
  • A social worker of a local authority social service department;
  • If none of the above is available, then any responsible person aged 18 years or over, who is not a police officer or a person employed by the police, including a specialist appropriate adult who is either paid or voluntary.

Remember: If you have been arrested, you should always exercise your right to have a solicitor present. You will not have to pay for legal representation at the police station.