Drug Driving – 5 Years On – Forensic Reporting Procedures Explained

The offence of drug driving was introduced in the UK in March 2015. As we near the 5 year anniversary of the offence, over the next few weeks we will be taking a look at some of the specific issues relevant to the procedures involved in prosecutions and some of the trends we encounter.

The most recent figures available from the Driver and Vehicle Licensing Agency (DVLA) show that 19,615 drivers were banned following a drug driving conviction from January 2018 to the end of March 2019.

The drug driving laws have simplified the requirements for a conviction removing the need to prove any level of impairment on the part of the offender. However, there must be proof of the defendant’s blood containing a specified drug that is over the prescribed limit.

Proving this aspect of the case must be presented by the Crown Prosecution Service by way of a two staged process and with forensic reports referred to as SFR1 and SFR2.

Streamlined Forensic Reporting (SFR) was designed to enable investigators, scientists and prosecutors to comply with the Criminal Procedure Rules in the interests of justice. The two stage process required in any cases with forensic evidence relied upon by the prosecution and in all drug driving cases was introduced in 2012. Streamlined Forensic Reporting was intended to save time and costs for reporting the results of a blood specimen until a plea was indicated by the defendant.

The first stage SFR1 is not as detailed and gives only an overview of the blood analysis. If the Defendant then choses to dispute the analysis, the second stage of the process SFR2 comes into effect and a more detailed report is prepared. This two stage process saves the costs of a detailed report if a Defendant intends to immediately plead guilty. However, the detailed procedural rules surrounding the SFR process mean that defending a charge for drug driving is complex and technical.

This document is generally provided to a Defendant by the CPS at the very outset of the drug driving case. This could be sent with your charge sheet and generally before the first court hearing. This part of the report should include the result of the blood analysis (including the type of quantity of drug or alcohol found when the blood was analysed), the name and location of the laboratory, the name of the forensic analyst and the date of the analysis.

The SFR/1 contains little detail about the analysis itself and is often drafted by the ‘report analyst’ who does not see or take part in any of the blood analysis.

If you intend to plead not guilty, the SFR/1 should not be accepted and the disputed case issues are expected to be served in writing to the Crown Prosecution Service and the Court.

If the CPS fail to serve the SFR1 and the matter goes to trial, there will be no admissible evidence of the blood result.

If the SFR/1 is not agreed (and you plead not guilty at the first hearing), the CPS must then produce a detailed SFR/2, which is the second part of the reporting process.

Once the defence have a copy of the SFR/2 a forensic expert will be required to consider the report and analysis and their findings may central to the defence case.

Alongside the SFR/2 the Crown should also provide a ‘data pack’ containing the detailed analytical information relating to the sampling of your specimen.

If you receive an SFR/1 from the police or the Crown Prosecution Service this is an early indication of the need for specialist advice.