Join WhatsApp group
PoliceStationRepUK
Log In

Class A drugs — fail/refuse to provide a sample

Drugs and psychoactive substances — practical elements, sentencing links and station notes for accredited reps in England & Wales.

Drugs and psychoactive substances

Class A drugs — fail/refuse to provide a sample

Police and Criminal Evidence Act 1984 / Drugs Act provisions as charged

England & Wales. Elements, mode of trial, maximum and defences — not a charging or outcome predictor.

Triable
Summary only
Maximum penalty
Level 4 fine

Actus reus

  • Failure to provide a sample for Class A drug testing under PACE 1984, s.63B (the usual custody-test power), without good cause. The stored Drugs Act 2005 s.9 link is the assessment-trigger section, not the sample offence — check the sheet.

Mens rea

  • Failure without good cause after a valid requirement.

Defences

Good cause · No valid s.63B requirement (not a trigger offence / conditions not met) · Sample was provided

Sentencing Council

Sentencing Council guideline effective 24 April 2017. Offence range: Band A fine - High level community order.

View definitive guideline ↗

At the police station

Read the requirement form. Do not confuse this with RTA s.7 specimens.

When to involve a rep or solicitor

Police station advice is free under legal aid and is not means-tested.

Authoritative sources for this page

Statute plus Sentencing Council (and CPS where listed) are the two primary sources we used for mode of trial, maximum and elements. Case links are from our verified registry only.

More in Drugs and psychoactive substances

Back to the full offences index

Sources & further reading

Links are to official publishers (legislation, gov.uk, CPS, LAA, Sentencing Council). Case law on this site is limited to entries in our verified case-law registry. Always confirm the current version before relying on it in live advice.