Report Summary
This report provides members of the Forensic Services Committee with an overview of Drug Driving Update.
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Meeting
The publication discussed was referenced in the meeting below
Forensic Services Committee - 28 October 2024
Date : 28 October 2024
Location : Online
Background
In October 2019, Section 5A of the Road Traffic Act 1988 came into force in Scotland. This legislation set out a specific offence of driving with a specified controlled drug above a prescribed limit. In addition, Section 4 of the Road Traffic Act sets out an offence of driving while impaired or unfit to drive. Section 4 offences are significantly more difficult to prove in court for a range of reasons including the subjectivity of the roadside field impairment test.
Within legislation, and since the COVID Pandemic, a temporary statutory time limit of 12 Months was introduced. This legislative statutory time limit is due to return to the pre pandemic time limit of six months at the end of November 2024. This is following the introduction of a Statutory Instrument which, is due to complete the process through Scottish Parliament in mid-November 2024.
Following the Forensic Services Committee meeting held on 06 August 2024, additional information was requested in relation to how Forensic Services are performing in relation to Drug Driving Cases. This paper seeks to provide information and assurance in that regard.
