Defence (Amendment) Act 1987

Offences relating to drugs, volatile substances and volatile preparations.

5

5.The Principal Act is hereby amended by the insertion of the following section after section 142:

“Drugs, etc.

142A.— (1) Every person subject to military law, whether on duty or not on duty, who, owing to his being under the influence of any drug or any volatile substance or volatile preparation,—

( a) is unfit to be entrusted with any duty he is or may be required to perform, or

( b) behaves in a disorderly manner or in any manner likely to bring discredit on the Defence Forces,

is guilty of an offence against military law and shall, on conviction by court-martial, be liable to suffer,—

(i) if an officer, dismissal from the Defence Forces or any less punishment awardable by a court-martial, or

(ii) if a man and the offence is committed on active service or on duty, imprisonment or any less punishment awardable by a court-martial, or

(iii) if a man and the offence is committed otherwise than on active service or on duty, discharge from the Defence Forces or any less punishment awardable by a court-martial.

(2) In any proceedings for an offence under this section it shall be a defence for the person charged with the offence to prove that the relevant drug, substance or preparation was used by him pursuant to and in accordance with a prescription issued by a registered medical practitioner or was used by him in good faith for medical reasons.”.