Background

This report is to update members on the impact of sustained demand for drug-driving testing and analysis and capacity pressures.

The introduction of a new offence in Scotland on 21 October 2019 set specific drug driving limits for 17 specified drugs. This change was part of Scottish Government’s Programme for Government in 2019/20.

The response to the new drug driving offence was developed in partnership with Police Scotland and COPFS with oversight by Scottish Government. A working group enabled co-ordinated planning across all bodies to the new offence.

The legislation enacted in October 2019 allows police to carry out a roadside mouth swab to test for cannabis or cocaine on any motorist they suspect of drug driving or who has been involved in an accident or stopped for a traffic offence. Where there is a positive test, or a motorist fails a field impairment test, the police can request a blood sample for testing and analysis.

Forensic Services support the delivery of the drug blood limit testing requirement for this Act prompted by a positive roadside test. This process is accredited to the recognised laboratory standard ISO 17025 by UKAS – the UK Accreditation Service.

The examination process to detect and quantify drugs has a high degree of complexity when compared with the more traditional drink-driving analysis.

Since the new offence was introduced in Scotland, there has been a significantly higher demand for testing and analysis of blood samples than initially forecast. Initial casework was anticipated at circa 1000 cases per year (c.83 per month), however, the actual demand is currently around double that figure, and is forecast to increase.

The number of drug-driving cases is reported to the Scottish Police Authority Policing Performance Committee as part of the Police Scotland quarterly performance report.