Changes to the Road Traffic Act 1988 were enacted in Scotland on 21 October 2019. The law allows police to carry out a roadside mouth swab to test for specified drugs 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. The SPA Forensic Services team are then responsible for this testing and analysis, and for reporting back to Police Scotland and the Crown Office and Procurator Fiscal Service as required.

In response to the legislation a significant amount of work was undertaken across justice partners and Scottish Government to prepare the policing system for implementation. This involved modelling of likely monthly caseload from the new legislation, investment in the scientific processes required and skilling of necessary staff. Forensic Services developed new scientific processes to test for the presence of these drugs. These new processes were successfully audited by UKAS and achieved accreditation in March 2020.

Initial casework was anticipated at around 1000 cases per year / 83 cases per month. However, following the lifting of covid restrictions, demand grew rapidly beyond what was expected. The actual demand has been around double what was forecast and is likely to remain at that level or increase. This led to a backlog of cases being built, and 447 cases being unable to progress to prosecution having reached the statutory 12-month time limit.

An improvement project has been underway since spring 2022 to ensure the team structure, operational procedures, and scientific equipment are all in place and fit for purpose to meet these new challenges.

Read more about our response, discussed at June 2022 Authority, here