Criminal Law Legislation Update
| Published date | 01 February 2015 |
| DOI | 10.1177/0022018315569154 |
| Author | Joanne Clough |
| Date | 01 February 2015 |
| Subject Matter | Criminal Law Legislation Update |
Criminal Law Legislation Update
Criminal Law Legislation
Update
As at 31 December 2014
Joanne Clough
Senior Lecturer in Law and Solicitor-Advocate, Northumbria University, UK
Section 4 of the Road Traffic Act 1988 (RTA 1988) makes it an offence to drive whilst unfit through
drink or drugs. While this offence has been in existence for many years, a common problem for the pro-
secution, when dealing with a driver suspected of being under the influence of drugs, has been proof. It
was reported in a Home Office consultation that in 2011, 41 per cent of prosecutions in the magistrates’
courts for driving whilst unfit through drugs were either dismissed or withdrawn for this reason. Nev-
ertheless, there are at least 50 deaths per year arising from drivers under the influence of illegal
substances.
Primary legislation
On 2 March 2015 the government crackdown on the problem begins with the introduction of a new
offence of driving or being in charge of a motor vehicle with a concentration of a specified controlled
drug above the specified limit under s. 5A of the Road Traffic Act 1988. This offence of ‘drug-driving’ is
inserted by s. 56(1) of the Crime and Courts Act 2013. The offence is made out where it is proven that a
person drives, attempts to drive or is in charge of a motor vehicle on a road or other public place, and
there is a specified controlled drug in the person’s body, the proportion of which in the person’s blood or
urine exceeds the stated limit for that substance (s. 5A(1) and (2) of the RTA 1988). For the purposes of
this offence, ‘specified’ means specified in regulations made by the Secretary of State or by the Scottish
Ministers in relation to driving, attempting to drive or being in charge of a vehicle in England and Wales
or Scotland respectively (s. 5A(8)). It is also permissible for the limit to be set at zero (s. 5A(9)).
Under s. 6C of the RTA 1988, a preliminary drug test will provide an indication of whether the person
has a specified controlled drug in his body and whether the proportion of it in the person’s blood or urine
is likely to exceed the set limit for that drug. This procedure will require a specimen of sweat or saliva to
be obtained from the person and then tested on a device which is approved by the Secretary of State (s.
6C(1)). The preliminary drug test may be administered at or near the place where the requirement to co-
operate with the test is imposed or at a police station (if the officer who imposes the requirement thinks it
expedient to do so) (s. 6C(2)). Up to three preliminary drug tests may be administered for the purposes
set out above (s. 6C(3)). A positive test will allow a police officer to arrest the person and detain him/her
at the police station for a blood test to be administered.
Corresponding author:
Joanne Clough, Northumbria Law School, City Campus East, Newcastle upon Tyne, NE1 8ST.
E-mail: joanne.clough@northumbria.ac.uk
The Journal of Criminal Law
2015, Vol. 79(1) 3–5
ªThe Author(s) 2015
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DOI: 10.1177/0022018315569154
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