Drug-driving laws were not backed up by sufficient testing – police watchdog

Drug-driving legislation in Scotland was not “sufficiently robust”, leading to an underestimated demand for forensic blood analysis, HM Inspectorate of Constabulary (HMICS) has said.

Legislation to allow officers to conduct roadside drug tests was introduced in 2019, but ineffective planning between all criminal justice agencies may have led to the lack of preparation, a report by the chief inspector, Craig Naylor, found.

HMICS was asked to conduct the review by the Scottish Police Authority (SPA) after it emerged 447 cases had not been prosecuted because blood samples had not been analysed within the 12-month statutory time limit.

It resulted in more than £1 million of additional resources spent on outsourcing to private labs to speed up testing.

The report made 25 recommendations and found “missed opportunities” within the Scottish Government and at the SPA to ensure all affected agencies were consulted and involved in policy development.

It also noted a “lack of strategic oversight and scrutiny” of the emerging issues.

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 review also found that the figure of missed prosecutions could have been higher if the Covid-19 pandemic had not caused criminal proceeding timescales to be extended from six to 12 months.

Mr Naylor added: “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.”

The reports recommendations included an appeal for SPA forensic services, Police Scotland and the Crown Office and Procurator Fiscal Service (COPFS) to work together to identify solutions to resolve the need for outsourcing.

The SPA’s forensic service has also been urged to prioritise toxicology staff recruitment and address the turnaround time of analysis.

Martyn Evans, chair of the SPA, said: “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.”

He added: “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.

A Scottish Government spokesperson said the report will be given “full consideration”.

The spokesperson added: “Since 2018, we have provided £1.9 million of funding to assist SPA Forensic Services in delivering testing for drug driving, including a further £370,000 in 2022.

“While testing falls within the remit of the Scottish Police Authority, urgent action has been taken to build capacity in both the short and longer term to ensure that testing is completed within statutory timescales.”