§ Mr. ÖpikTo ask the Secretary of State for Defence if it is the practice that soldiers convicted of serious charges relating to drugs offences and who(a) are facing or (b) have served custodial sentences are dismissed from the Army; and if he will make a statement. [118879]
§ Mr. Spellar[holding answer 14 April 2000]: All soldiers, wherever they are serving, are liable for Compulsory Drug Testing (CDT). CDT is primarily an administrative, not a disciplinary matter. Following a positive test result or the refusal to provide a specimen, an Army officer would be required to resign, and a soldier 368W will normally be administratively discharged. A commanding officer does, however, have the discretion to retain soldiers of the rank of Lance Corporal or below if:
- (a) It was the first occasion on which drug misuse had been detected, or the first occasion on which he or she had refused to undergo testing, and
- (b) In the case of a positive test result, no trace of Class A drugs was detected and,
- (c) In all other respects the individual is considered a good serviceman or woman whose retention would be in the interest of the service.
To serve a custodial sentence a soldier would need to be found guilty of a disciplinary offence following which the rules contained in Queen's Regulations 9.404 would come into effect. The rules state that a soldier is to be discharged if he has been sentenced by a civil court or by court-martial to imprisonment or to detention or to any other form of custodial sentence. If in the opinion of the commanding officer there are exceptional reasons that make retention of the soldier desirable then the case is to be submitted with valid and explicit reasons to the Director of Manning (Army) for a decision.