TESTING "ISSUE" WITH DRUG DRIVING CASES MAY MEAN THOUSANDS ESCAPE PROSECUTION
By MAJ Law on 28 October 2020
Our senior solicitor Conor Johnstone attended court yesterday to represent a client charged with drug driving. During the hearing the prosecutor asked for the court to be cleared whilst she discussed the case with Mr Johnstone. This was an unusual request that momentarily left Mr Johnstone stumped!
The prosecutor explained that she had just received an email from a 'Senior Manager' within the Crown Prosecution Service requesting that all drug driving Cannabis cases be adjourned for at least two weeks. She explained that the Forensic Science Regulator had discovered an "issue" with the testing of Delta-9 Tetrahydrocannabinol (THC). Mr Johnstone questioned the prosecutor about the nature of the "issue" but she had very little information.
In response, the team at M.A.J. Law have contacted several senior toxicologists with regards to the issue but they appear to be unaware of the developments. One senior toxicologist has expressed concerns with regards to Cellmark Forensic Services, a major lab used by the police for the testing of samples in drug driving cases. It is not yet known whether the issue relates to one laboratory or multiple labs involving the testing of samples in drug driving cases.
Readers may recall the 2016 'Randox Testing Scandal' where tens of thousands of drug driving cases were dropped due to ongoing quality control issues. The events at court yesterday has characteristics of another testing scandal.
Challenging SFR1 and SFR2/ADP
Our drug driving technical defence page explains the importance of reviewing the technical data relating to your blood test. Police laboratories are not fool-proof.
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