Between April 2019 and December 2020, 4255 blood samples were sent to the Synlab laboratory for testing. Of these, 1778 came back positive for drugs. However, in December 2020, the Forensic Science Regulator (FSR) and United Kingdom Accreditation Service (UKAS) started to notice some potential issues with Synlab, and any further processing of Section 5A samples were ceased. (Section 5A is the offence of driving or being in charge of a vehicle with a concentration of a specified controlled drug above the legal limit).
When a drugs sample is being analysed, there is a quality control criterion which must be consistently applied and met in order to produce a fair and accurate reading. The analysis is extremely complex, and statistics need to be able to correctly and confidently report that the levels exceeded the drug drive limit.
UKAS accreditation elevates the credibility of test results, ensures the reliability of measurements, enhances the reputation of certified activities, and ensures inspected equipment and processes can be relied upon to operate safely and accurately....it drives confidence in all sectors by underpinning the quality of results, ensuring their traceability, comparability and validity. UKAS accreditation ensures the highest levels of impartiality, objectivity and competence through the continuous assessment process, delivered by highly competent assessors and technical experts in all fields" - statement from UKAS website (linked at bottom of page)
In the case of Synlab, it was found that the quality control criteria which was used to verify the results was not applied consistently, and therefore those 1788 samples could not be relied upon or used as evidential material in court.
What happened next?
As this went on for some time, a number people had already been convicted of drug driving and sentenced. For many people, this had catastrophic changes to their lives. Some suffered mental health breakdowns, others lost their jobs, suffered financial hardship or had relationship breakdowns. As soon as concerns were raised, Synlab publicly apologised for the error and took action to rectify the situation, including suspending their UKAS accreditation.
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The people affected by the scandal are still currently in the process of having their points revoked, having their fines recovered, or gaining their driving license back, however this doesn't make up for the trauma in which some have had to suffer from being wrongly convicted. Synlab are in the process of regaining their UKAS accreditation.
Have you been affected by any of the issued raised above? Or feel you were wrongly convicted of drug driving? See our video below where our senior solicitor Conor talks about the most common drug driving defences.
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Alternatively, give our office a call on 0151 422 8020. We offer free initial advice to anyone affected by a motoring offence and our legal team are always happy to help.
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See here for UKAS Accreditation information.
