Drug-driving legislation ‘underestimated demand’ for forensic analysis, says HMICS

New powers for police officers carry out roadside drugs tests also “underestimated the demand for toxicological analysis”, said HM Inspectorate of Constabulary for Scotland (HMICS).

Police Scotland is now identifying similar numbers of drug and drink-drivers since legislation was introduced three year ago – with half of roadside drug tests proving positive.

HM Chief Inspector of Constabulary Craig Naylor said it was “a significant challenge” for the forensic specialists to cope with this increased volume of testing.

HMICS said the powers provided by the introduction of Section 5A of the Road Traffic Act 1988 were being used appropriately by Police Scotland, but could lead to even greater road safety if processes and procedures to analyse blood samples were improved, thus contributing to a “more efficient criminal justice process and banning of offenders from the roads”.

“In the three years since it gained the powers to carry out roadside drugs tests on motorists, Police Scotland is now identifying similar numbers of drug and drink-drivers,” said HMICS.

“Around 50 per cent of the drug roadside tests carried out by police officers, including at all serious and fatal accidents, prove to be positive.”

The detailed report published on Tuesday (April 25) by HMICS examines the end-to-end processes, from roadside to reporting to the court, for drug-driving offences.

It makes 25 recommendations which, once implemented, will make Scotland an even safer environment for all road users, it says.

Mr Naylor said: “Drug-driving, involving both illegal and prescription drugs, can have a detrimental effect on a person’s ability to drive safely.

“The introduction of drug-driving legislation was significant in giving police the powers to remove many of these offenders from our roads and police have been using them in a balanced and proportionate manner.

“It was also a significant challenge for the forensic specialists to support the legislation through new analytical processes and to cope with the increased volume of testing.”

The assurance review of the Scottish Police Authority (SPA) Forensic Provision highlighted the demand and capacity for testing blood samples was underestimated by SPA forensic services, Police Scotland, Scottish government and the Crown Office and Procurator Services (COPFS).

HMICS was asked to conduct the review by the SPA after it emerged that more than 300 drug-driving cases – now 447 – had not been prosecuted as blood samples had not been analysed and processed within designated timescales.

More cases would have been lost had the pandemic not led to the timescale for criminal proceedings being extended from six to 12 months and more than £1 million been spent on outsourcing analysis, said HMICS.

Mr Naylor remarked: “The prevalence of drug-driving in Scotland is unclear and, as such, is a major public safety issue.

“It is our view that a long-term strategy, including prevention activity, is required for the delivery of the legislation.

“There is a need to ascertain the scale and nature of the problem so that all relevant criminal justice agencies can ensure they have the agility and capacity to support drug-driving enforcement.

“The strategic planning process for implementation was not sufficiently robust nor effective, was not subject to consistent oversight and underestimated the demand for toxicological analysis. As a result, despite a lot of hard work by dedicated staff, SPA forensic services was not prepared for the volume.”

He commended the organisation for its aim to build a “gold standard analysis service” and the design and delivery of a brand new accredited service.

“It has many attributes, however, without urgent investment, modernisation, a review of the Forensic Services Committee and a commitment to continuous improvement, the delivery of forensic toxicology will be at risk for years to come,” Mr Naylor warned.

HMICS is of the view there is an opportunity for Police Scotland, SPA and COPFS to work together to consider the lessons learnt from this episode and plan for future change and development of the drug-driving service delivery.

The report also highlights the lack of prevention campaigns aimed at educating motorists about the risks associated with drug driving.

“The current approach is overwhelmingly focused on enforcement but should be supported by proactive prevention engagement. Everyone knows the drink-driving messages but there is a dearth of similar activity in relation to drug-driving,” said Mr Naylor.

“Police Scotland should expand its enforcement activity to make the roads of Scotland safer and this should be supported by capability within forensic services and public campaigns raising awareness of drug-driving.”

Mr Naylor is disappointed with the minimal mention of drug-driving in the Scottish government and Transport Scotland’s Road Safety Framework to 2030, saying it is vitally important that key stakeholders work together to address this.

Martyn Evans, chair of the SPA, said: “I am grateful to HMICS for its Review of the Forensic Toxicology Provision in Scotland. This review was undertaken at my request and at speed when it became apparent that some drug-driving cases were not able to proceed to prosecution due to delays with toxicology testing and analysis.

“The introduction of new drug-driving legislation in October 2019 was a significant programme of change for Forensic Services. It was clear from the outset that demand for testing had been severely underestimated by all stakeholders. The staff and scientists working in toxicology have worked hard to try and manage this demand. HMICS’s findings and recommendations recognise the need for a long-term strategy and multi-agency approach to address both prevention and prosecution of drug driving cases. It also highlights the need for additional investment and modernisation at our Forensic Services Laboratory in Edinburgh.

“The authority has already taken a number of steps to strengthen our oversight and scrutiny of Forensic Services and we will review the terms of reference and functionality of our Forensic Services Committee in the forthcoming months. The authority is working closely with Forensic Services, Police Scotland, the COPFS and Scottish government to address the constructive recommendations made in this review and drive further improvement in drug driving prosecutions.”

Fiona Douglas, Director of Forensic Services, added: “SPA Forensic Services are committed to continuous improvement and the delivery of world-class services to the criminal justice system in Scotland.

“I welcome the HMICS Assurance Review of our Toxicology provision and, in particular, the acknowledgement that Forensic Services staff are committed professionals making a positive contribution to public safety in a pressurised environment. I am very grateful to the Forensic Services scientists and staff who work tirelessly – often without acknowledgement or recognition – to support justice in Scotland.

“I fully support the review’s call for a strategic, joint response to improve the delivery of drug-driving services in Scotland and the requirement for significant future investment in Forensic Services. We will continue to work closely with our partners to deliver the review’s recommendations and ultimately make Scotland’s roads safer from drug driving.”

To read the full report visit https://www.hmics.scot/sites/default/files/publications/HMICS20230425PUB.pdf