New Drug Testing Rules Shorten Refusal Window
Urine sample refusal period reduced to 12 hours | Photo: MPS
The period within which a person suspected in a drug-related case must provide a urine sample before being deemed to have refused has been reduced from 18 hours to 12 hours under amendments that came into effect on Tuesday.
The change was introduced through amendments to regulations governing controlled delivery operations, the ordering of urine samples and procedures for sending samples for analysis.
advertisement
Under the previous regulation, which had been in force since 2012, a suspect was considered to have refused to provide a urine sample if it was not submitted within 18 hours. The revised regulation shortens this period to 12 hours.
The amendments also expand the circumstances in which police may require a person to provide a urine sample on suspicion of drug use. The number of qualifying circumstances has increased from three to five.
Police may now request a urine sample when a person is taken into custody on suspicion of using or possessing drugs, when a person is found in possession of a suspected drug, when an individual admits to having used or currently using a drug, when the behaviour of a person arrested for a non-drug-related offence suggests they may be under the influence of drugs, or when the behaviour of a person being questioned in connection with a criminal offence indicates possible drug influence.
The updated regulation further outlines procedures for urine collection and laboratory analysis.
It also grants authority to the Commissioner of Police, or an officer designated by the Commissioner, to approve controlled delivery operations in drug-related cases. Such operations must be led by an officer holding the rank of Chief Inspector of Police or above.
A controlled delivery operation involves an authorised police or customs officer, or another designated individual, transporting a drug covered under the Narcotics Act as part of a police-supervised investigation.
The regulation requires all aspects of a controlled delivery operation to be documented through written records, audio recordings or video recordings. Any substitute substance used during the operation will be treated as a drug for procedural purposes.
The amended rules also set out additional operational requirements and safeguards governing the conduct of controlled delivery operations.
