The drug-driving regulations that the committee is considering are an important step forward in seeking to improve road safety in Scotland. The regulations provide for the different drug types that will be included in the new offence and the limits associated with each of those drug types. The approach adopted with the regulations follows consideration of the Scottish results of a United Kingdom-wide consultation that found general support for the limits proposed.
The implementation of the new offence will have an impact on various agencies within our justice system, including Police Scotland and the Scottish Police Authority. In particular, the Scottish Police Authority will be required to provide forensic testing of blood taken from those suspected of committing the new offence to assess what drug types are in a person’s blood and at what levels.
As part of consideration of what drug types should be included in the new offence, the Scottish Police Authority carried out an analysis of what drug types were identified among drivers caught over the six-month period from July to December 2017 under the existing offence of driving while impaired through drugs. That analysis revealed that, of the 261 drug-driving impairment cases in that period, just over half, at 51 per cent, involved cannabis; just less than half, at 49 per cent, involved diazepam; and just over a quarter, at 28 per cent, involved cocaine. Those drug types are included in the 17 drug types covered by the new offence.
Overall, 95 per cent of the impairment cases revealed the presence of at least one of the drug types included in the new offence. In each of those cases, the drug type included in the new offence was either the only drug type identified or was identified in combination with other drug types, including drug types not included in the new offence.
The analysis suggests that the list of 17 drug types provided for in the new offence provides very good coverage of the drug types most commonly used in Scotland by those currently being caught driving while impaired through drugs. Although 95 per cent of all cases tested contained at least one drug type included in the new offence, it should be noted that only 43 per cent of samples had one or more drug type included in the new offence that was over the limit associated with each drug type. That indicates that there will be a continuing need to consider prosecution for drivers who have drugs in their system under the existing offence of driving while impaired through drugs in certain cases. That offence is, of course, unaffected by these regulations.
The analysis also reveals the extent of polydrug use in Scotland, with approximately 45 per cent of all impairment offences showing four or more drug types in a person’s system. That clearly suggests that, where a drug type may have been taken that is not on the list of 17, it has very often been taken in combination with a drug that is on the list. That means that it would be caught by the new offence if the limit was exceeded for the drug type in question. On that basis and following consideration of the Scottish views offered to the 2013 consultation, we consider it appropriate to proceed with the introduction of the limits in Scotland based on the 17 drug types and associated limits already used in England and Wales.
If Parliament approves the regulations, Scotland will have the toughest criminal law approach on drink and drug driving in the UK, with the lowest drink-driving limit as well as robust drug-driving limits through the new offence. We hope that the new offence will act as a clear deterrent for those who may wish to take drugs and drive.
I am happy to take any questions.