Report Summary
Issued 21 May 2025, this FOI response advises that information on drug driving cases not prosecuted due to forensic testing delays is already available or is not held by the Scottish Police Authority. Advice is provided that Police Scotland or COPFS may hold information.
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Response
The Scottish Police Authority has considered your request under the Freedom of Information (Scotland) Act (FOISA).
In terms of part one of your request, we can confirm that some information is held in relation to the number of drug driving cases that have not been progressed to prosecution due to delays in forensic testing over the last five financial years (2018-19– 2023-24).
The Authority considers some of the information requested exempt as this information can reasonably be obtained.
The independent HMICS Assurance Review of Scottish Police Authority Forensic Toxicology Provision, from commencement of the changes to the the legislation in October 2019 to May 2022, was published in April 2023 and is available on the Authority’s website – HMICS Assurance Review of SPA Forensic Toxicology Provision
To assist, on page four this reported that from October 2019 to May 2022, due to delays in laboratory analysis and reporting, “384 (later rising to 447) drug driving cases had been marked as 'no proceedings' by the Crown Office and Procurator Fiscal Service (COPFS).”
From May 2022 to February 2025, Forensic Services holds no information indicating that a case has not proceeded due to delays in forensic services laboratory analysis and reporting. Information may be available by contacting COPFS at foi@copfs.gov.uk
Forensic Services report publicly on the provision of forensic testing and analysis for drug driving cases in line with the agreed published Memorandum of Understanding between the Scottish Police Authority, Police Scotland and COPFS. To assist, the most recent reporting to the Forensic Services Committee on Thursday 8 May is linked below and may be of interest:
Drug Driving Update - 8 May 2025
HMICS Assurance Review of Forensic Toxicology Provision – Improvement Plan and Timeline - 8 May 2025
Part two of your request seeks a breakdown of the above cases involving fatality, injury, traffic collision and repeat offenders. Forensic Services does not hold the information requested for each case. Information may be available by contacting Police Scotland at foi@scotland.police.uk and COPFS at foi@copfs.gov.uk
