Criminal Toxicology - Demand, Capacity and Performance

The Demand v Output Chart above highlights that the combined output consistently exceeds demand.  This has contributed to reducing the back log of cases from a total of c.1800 drug driving cases in September 2021 to the current total drug driving caseload of c.580 in October 2024.

Technical issues in July and August resulted in additional outsourcing over August and September. The issues have now been rectified and will result in higher [outsourced] output showing in October and November performance reporting. The graph below highlights the benefit of continuing to maintain an ability to outsource, particularly when development work remains ongoing or technical issues are experienced when new methods are introduced.

The outsourcing annual budget (£255k) remains largely on track with some negative impact expected due to the additional outsourcing requirement across August and September. Therefore, the final year budget position is likely to see a slight overspend.

With regard to open cases, the graph below highlights the open caseload (by month of incident) and the positive direction of travel relative to moving towards a six-month Statutory Time Limit.  It should be noted there are a small number of cases (7 in total) out with a six-month timeline. These cases are unique in respect of the reasons for delayed reporting, for example all cases (2) within the 10-12 month timeline were not submitted to Forensic Services until October 2024.

Challenges remain in relation to the late submission of samples from Police Scotland. On returning to the six-month timeline (likely 30 November 2024), Forensic Services will move to a more fixed process in managing late submissions. On a sliding scale, samples will be categorised in a way that will result in either limited or restricted analysis being undertaken, or in extreme cases, samples will be rejected. Police Scotland and COPFS have been engaged and are fully aware of the implications relative to the provision of late samples.

Capacity 

Internal capacity has increased through 2023/24 due to planned recruitment, training, and development activities. This has resulted in a shift from an average of 109 drug driving cases being reported internally per month in 2023 to an average of 190 in 2024 (prior to technical issues in August).

Combining these figures with outsourced cases has resulted in a shift in the total average output of 270 drug driving cases per month in 2023 to a total average of 380 cases in 2024.

Performance 

Internal performance, on average, for Section 5a cases remains on target with the rolling average meeting the 95% target, excluding August and September (technical issues).

Internal performance for Section 4 cases has seen steady progress since Q4 2022, when the TrT was averaging around 313 days against the 90-day internal target line on the ‘Average Time’ graph. The current TrT for completion of section 4 cases averages at 105 days.

The proportion of Section 4 work remains at around 6% of our total drug driving caseload – a relatively low proportion of the total drug driving workload.

A smaller proportion of the drug driving caseload is submitted under Section 5a then, subsequently transfers to our Section 4 caseload as detailed in the graph above.

Internal performance for the Section 5a to Section 4 work has improved from an average of around 296 days TrT in Q4 2022 to the current 90 days from submission to report.

Work continues to progress and improve the Section 4 process to ensure this case category can be processed and continually reported within the 90-day target. Section 4 cases continue to be prioritised on receipt and follow a clearly defined schedule of work to aid continuous improvement in this area.

Six-Month Timeline

As part of the work associated with the return to a six-month timeline, Forensic Services have actively engaged and worked in partnership with COPFS and Police Scotland. This work has revolved around the requirement to build a mutually agreed timeline which provides individual organisations the ability to introduce an element of flex along the timeline.

As a result, a draft timeline has been agreed (see below) in principle, however, requires some additional input and agreement prior to final sign off by all relevant stakeholders. It is provided within this paper to highlight the progress being made to the Committee.

The timeline is designed to provide collective flexibility thereby improving performance across the timeline. Stretch targets are used for example, the previous [more rigid] timeline required Police Scotland to submit all samples within 14 days of the case. This performance indicator remains with the understanding that 80% will be submitted within 14 days, 90% by 21 days and 100% by day 28. 

Conversely, Forensic Services will report 95% of cases within the three-month target, with it being accepted that a small number of cases, 5%, will extend beyond that time period.

Work is currently under way to establish suitable and sufficient performance management arrangements which, will accurately monitor and report on performance across all targets.