Opportunity to explain a presumptive positive test result for drugs
24 Opportunity to explain a presumptive positive test result for drugs
Where a selected prison officer has provided a sample for drug testing and the test returns a presumptive positive test result for drugs, that selected prison officer is to be given an opportunity to explain the result prior to a further analysis.
If an explanation is not provided under subregulation (1), an approved person may draw such adverse inferences from the absence of explanation as the circumstances justify.
An explanation given under this regulation is not admissible in evidence against the selected prison officer in any criminal proceedings, but may be used as the basis for a disciplinary offence under regulation 40(5), if the explanation is later found to be false or misleading in a material particular.
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