The powers library37 of 59 Detention and custody

Drug testing in custody

s.63BPolice and Criminal Evidence Act 1984

Lets police take a urine or non-intimate sample from a detainee to test for a specified Class A drug, after arrest or charge for a trigger offence, or for another offence where an inspector suspects drug misuse contributed.

Drug testing in custody · Police and Criminal Evidence Act 1984, s.63BCard 37 / 59

When you can use it

The person is in police detention and, at a station, has been brought before the custody officer (s.63B(5D))
Arrest condition (s.63B(1A))Arrested but not charged, for a trigger offence, or for any offence where an inspector or above suspects on reasonable grounds that misuse of a specified Class A drug caused or contributed to it, and authorises the sample
Charge condition (s.63B(2))Charged with a trigger offence, or with any offence where an inspector or above has the same suspicion and authorises the sample
Age condition (s.63B(3))18 or over if relying on arrest; 14 or over if relying on charge
Request condition (s.63B(4))A police officer has asked the person to give the sample
Notification condition (s.63B(4A)): the Home Secretary has told the chief officer that testing arrangements exist for that area or station, covering arrest, charge or under-18s as relevant

What it allows

Taking a urine or non-intimate sample to test for a specified Class A drug.
Only one sample on the arrest condition in the same continuous period of detention (s.63B(5B)).
Keeping the person in custody to take it: up to 24 hours from the relevant time if they would otherwise be bailed (s.37(8B)), or up to 6 hours from charge (s.38(1)(a)(iiia), s.38(2)).
No force may be used to take the sample (Code C 17.14).

Key definitions

Specified Class A drug – since 2 August 2023, any Class A drug listed in the Misuse of Drugs Act 1971 (SI 2023/784), not just heroin and cocaine.
Trigger offence – listed in Code C Note 17E: mainly theft, robbery, burglary, vehicle-taking, handling, going equipped, fraud, and production, supply or possession of a specified Class A drug.
Appropriate adult – s.63B(10): parent, guardian, carer, social worker or another responsible adult who is not police.

Safeguards

Before asking, explain the purpose, warn that failing without good cause to give a sample may lead to prosecution, and remind the person of their custody rights (Code C 17.6, Note 17A).
If an inspector authorised the test, tell the person of the authorisation and the grounds (s.63B(5)(b)). Oral authorisation must be confirmed in writing (s.63C(2)).
Under 18: the request, warning and sample all happen with an appropriate adult present (s.63B(5A)).
Record any authorisation and grounds, the warning, and the times of sample and arrest or charge (Code C 17.12).
Only a prescribed person may take the sample (s.63B(6)).

Good to know

Failing without good cause to give a sample is a summary offence: up to 3 months’ imprisonment and/or a level 4 fine (s.63B(8), s.63C(1)).
Results cannot be used to investigate an offence or as evidence against the person (Code C Note 17D), except for failing to attend a drug assessment (s.63B(7)(cb)). They can inform bail, cautions, sentence and treatment (s.63B(7)).
An adult who tests positive can be required to attend a drug assessment (Code C 17.17).
The Crime and Policing Act 2026 will widen testing to other specified controlled drugs (s.183), allow a second sample if the first is unsuitable or insufficient (s.185), and remove the power to detain just to take a sample (s.186) and the notification condition (s.187). Only s.183 is in force, and only for making regulations, so the Class A rules still apply.

Legislation: Police and Criminal Evidence Act 1984, s.63B (opens legislation.gov.uk in a new tab)
Who can use it: A police officer (inspector or above to authorise for a non-trigger offence)
Last checked: 3 November 2026, against the current law on legislation.gov.uk

Drug testing in custody: questions people ask

When can the police use drug testing in custody?

1. The person is in police detention and, at a station, has been brought before the custody officer (s.63B(5D)) 2. Arrested but not charged, for a trigger offence, or for any offence where an inspector or above suspects on reasonable grounds that misuse of a specified Class A drug caused or contributed to it, and authorises the sample 3. Charged with a trigger offence, or with any offence where an inspector or above has the same suspicion and authorises the sample 4. 18 or over if relying on arrest; 14 or over if relying on charge 5. A police officer has asked the person to give the sample 6. Notification condition (s.63B(4A)): the Home Secretary has told the chief officer that testing arrangements exist for that area or station, covering arrest, charge or under-18s as relevant

Who can use drug testing in custody?

A police officer (inspector or above to authorise for a non-trigger offence)

What law gives the power for drug testing in custody?

Police and Criminal Evidence Act 1984, s.63B.

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