Drink, Drug Driving Standard Operating Procedure...Version 10.00 (Publication Scheme) Drink, Drug...

Version 10.00 (Publication Scheme)

Drink, Drug Driving

Standard Operating Procedure

Notice:

This document has been made available through the Police Service of Scotland Freedom of Information

Publication Scheme. It should not be utilised as guidance or instruction by any Police Officer or

employee as it may have been redacted due to legal exemptions

Owning Department: Road Policing

Version Number: 10.00 (Publication Scheme)

Date Published: 21/10/2019

Version 10.00 (Publication Scheme) 2

Compliance Record

Equality and Human Rights Impact Assessment (EqHRIA) Date Completed / Reviewed:

09/05/2018

Information Management Compliant: Yes

Health and Safety Compliant: Yes

Publication Scheme Compliant: Yes

Version Control Table

Version History of Amendments Approval Date

1.00 Initial Approved Version 21/03/2013

1.01

Para 8.1 – The term “service medical examiner or equivalent” has been removed and replaced with the terms medical practitioner or registered health care professional along with some clarification and a reference to the legislation.

13/06/2013

1.02

Amendment - As the result of a number of mis-interpretations of published guidance in relation to legacy Strathclyde procedures covering the handling of blood samples - a change has been made to geographical appendix ‘G’ of this SOP relating to G, K, L, Q & U Divisions.

23/08/2013

1.03

Additional content added to provide clarity to Police officers in relation to their application of drink drive station procedure. In particular, process surrounding handing of Intoximeter printout to an accused person. Changes made at request of COPFS. Additional clarity in relation to Intoximeter EC/IR Service interval and checking requirements also now included. No change whatsoever has been made in this respect of this policy and the SOP was previously silent on this matter. Following a number of recent requests for clarity in this respect it is considered appropriate to state the already established policy covering this matter.

01/12/2013

1.04

Updated to include definitive guidance in relation to use of Intoximeter Operators Log (Paragraph 7.1.3). No Change to policy. Previous version of SOP was silent on this matter and guidance included to provide clarity. Additional sub-heading (7.1 General Guidance) has been added to separate existing paragraphs that did not fit under existing sub heading. An element of paragraph re-numbering within section 7 has had to take place as a result of this inclusion

31/01/2014


2.00

Scheduled V2.0 review. Updated to correct grammatical & typing errors. Addition of further sources of information in relation to drink/drug issues on tram network. Other minor wording and adjustments made to provide clarity in relation to established practice. No change to existing policy as a result of this review.

12/06/2014

2.01

Additional content added at request of SPA Service Services. Detail added to highligh that "large" labels provided with older style RT blood sample kits should not be stuck on glass phials. To be stuck on plastic security container only.

27/06/2014

3.00

Review of document to introduce a form for the submission of blood or urine samplesand providing guidance on use of same, thus resulting in the removal of geographical appendices. Changes also reflect the change in legislation regarding lowering of the alcohol limit.

04/12/2014

4.00

Terminology changed from ‘Incapacitant Spray’ to ‘Irritant Spray’, insertion of ‘Record Retention statement at Section 6, insertion of paragraph 1.1 in reference to the Road Policing Policy, addition of urine sample to Section 7, further clarification regarding procedure in Sections 7.5, 7.15, 7.19, 8 and 9. Addition of Appendices ‘A’, ‘B’, ‘C’ and ‘H’. Typographical and grammatical errors corrected throughout.

29/11//2017

5.00

As a result of new Lord Advocate's Guidelines Section 17.2 has been removed, as have sections from the flow-chart at Appendix C, relating to 'keeping an accused in custody'. Additions have also been made to section 2.11, 3.3.1, 3.3.2 and 3.3.3 for clarity and to ensure compliance with the Criminal Justice (Scotland) Act 2016.

25/01/2018

6.00 Removal of reference to Form 126-049 from section 8.7.5 and Appendix ‘F’. Paragraph numbering within Sections 7-9 corrected.

09/05/2018

7.00 Updated to clarify process relating to ‘B’ samples of blood and urine

09/07/2018

8.00 Minor change to wording in section 8.5.4 10/07/2018

9.00 Minor amendment to remove unneccessary floating box from diagram in Appendix A.

30/07/2018

10.00

Legislative changes, the introduction of Section 5A Road Traffic Act 1988 (exceed prescribed limit – Drugs), have necessitated the several updates to the SOP. These are mostly contained within Section 2,3,4,7.1,8.2 and 10 of the SOP however minor additions can be seen throughout

21/10/2019


Contents

1. Purpose

2. Process / Procedure

2.1 Preliminary Tests

2.2 Preliminary Breath Test

2.3 Preliminary Impairment Test

2.4 Preliminary Drug Test

3. Section 5 Offences – Positive Preliminary Breath Test

4. Section 5A Offences – Positive Preliminary Drug Test

5. Section 4 Offences

5.1 Procedure at Locus for Section 4

6. Vehicle and Contents

7. Power of Entry

8. Station Procedure –

8.1 General

8.2 Interviewing

9. Breath Specimens – Approved Device

9.1 General Guidance

9.2 Irritant Spray

9.3 Reading of 23-26µgs

9.4 Back Calculations

9.5 Specimen Incomplete

9.6 Printout

9.7 Reading of 22µgs or less

9.8 Faulty Device

9.9 Interfering Substances

9.10 Mouth Alcohol


9.11 Out of Range

9.12 Breath Difference

9.13 High Blank

9.14 Simulator Check 1 (or 2) Incorrect

9.15 Date / Time Error

9.16 Defective Printout

9.17 Oral Evidence

9.18 Operator’s Log

9.19 Service Intervals and Checks

10. Specimen Procedure – Blood and Urine

10.5 ‘A’ and ‘B’ Samples

10.7 Medical Examinations (Drugs Suspected – Station Procedure)

10.8 Blood

10.9 Urine

10.10 Labels / Sealing

10.11 Drug Details

10.12 Packaging of Productions

10.13 Submission of Blood / Urine Samples for Analysis

10.13.2 Standard Procedure

10.13.3 Posting

11. Hospital Procedures

11.9 Obtaining Blood Samples from Unconscious Drivers at Hospital

11.10 Pre-Transfusion / Admission Blood Samples

12. Pedal Cycle

13. Solvent Abuse

14. Reporting of Offenders

15. Analyst’s Report


16. Intimation of ‘No Proceedings’

17. Road Collisions (Breath Tests)

18. Diplomats

19. Vehicle Forfeiture

20. Railway, Trams, Marine and Aviation


Appendices

Appendix ‘A’ Preliminary Impairment Test

Appendix ‘B’ Back calculations

Appendix ‘C’ Vehicle Forfeiture Procedure

Appendix ‘D’ List of Associated Legislation

Appendix ‘E’ List of Associated Reference Documents

Appendix ‘F’ List of Associated Forms

Appendix ‘G’ Police Stations Where Blood or Urine Samples can be Lodged

Appendix ‘H’ Diplomatic Protection Group


1. Purpose 1.1 This Standard Operating Procedure (SOP) supports the Police Service of

Scotland, (hereinafter referred to as Police Scotland) Road Policing Policy and provides information to Police Officers and Police Staff to guide them through the processes and procedures when dealing with persons suspected of driving under the influence of alcohol and / or drugs.

1.2 Drink or Drug driving remains a key element in many serious and fatal

collisions and officers will take every opportunity to make full use of their powers in an effort to detect and deter motorists from driving whilst under the influence of alcohol and / or drugs.

2. Process / Procedure 2.1 Preliminary Tests

2.1.1 Section 6 of the Road Traffic Act 1988 provides a Constable with the power to require a person to co-operate with one or more preliminary tests administered by that Constable or another. Only a driver of a motor vehicle may be required to comply with preliminary tests. Only a constable in uniform may require a person to co-operate with these tests, except where an accident has occurred.

2.1.2 When a requirement is made, it is important to warn the suspect that failure to comply with a preliminary test without reasonable excuse is an offence and may render him / her liable to prosecution.

Note: See Police Notebook for full Section 6 warning.

2.2 Preliminary Breath Test

2.2.1 Officers should refer to the manufacturer’s full instructions on the operation of the breath-screening device.

2.2.2 Officers can only require a driver to provide one preliminary breath test.

2.3 Preliminary Impairment Test

2.3.1 Section 6B of the Road Traffic Act 1988, which relates primarily to suspected drug drivers, enables the police to administer a Preliminary Impairment Test having regard to a Code of Practice issued by the Secretary of State for Transport.

2.3.2 Preliminary Impairment Tests relate specifically to Field Impairment Tests. Only specially trained officers approved by the Chief Constable may administer these tests. (See Appendix ‘A’ for further guidance)

2.3.3 A trained officer can only require a driver to comply with one preliminary impairment test.


2.4 Preliminary Drug Test

2.4.1 Section 6C of the Road Traffic Act 1988 allows the use of a ‘type approved’ device to test for a specified drug.

2.4.2 These devices are only ‘type approved’ to test for cannabis and cocaine.

2.4.3 Only officers trained in the use of these “type approved devices” may administer these tests.

2.4.4 A trained officer may administer up to three preliminary drug tests. Officers corroborating the test do not need to be trained as users but should have completed the Moodle training package.

3. Section 5 Offences - Positive Preliminary Breath Test

3.1 In the event of a positive specimen being provided the driver is to be arrested. This is to be made clear by saying the words "I arrest you". Persons who are arrested should be taken to the nearest police station where there is an approved device and / or medical examination facilities for blood / urine test provision, wherever practicable, to the boundaries of the Procurator Fiscal’s jurisdiction.

4. Section 5A Offences – Positive Preliminary Drug Test 4.1 A positive preliminary drug test allows the officer to require a specimen of

blood or urine in connection with investigations into section 4 and 5A without the need for a Medical Practitioners (Doctor’s) opinion on condition.

4.2 Although there are 17 drugs listed under section 5A the Preliminary Drug Test

only tests for cannabis and cocaine. The limits have been set in blood and any person who exceeds these limits whilst driving is guilty of an offence. Unlike section 4 there is no need to prove impairment.

4.1 In the event of a positive specimen being provided the driver is to be arrested.

This is to be made clear by saying the words "I arrest you". Persons who are arrested should be taken to the nearest police station where there is medical examination facilities for blood test provision. Wherever practicable, within the boundaries of jurisdiction area.

4.2 If a positive preliminary drug test is provided a constable may require the person to provide a specimen of blood or urine for analysis. However, for a Section 5 A offence, only a blood sample can be analysed as it has not been possible to set limits in urine.

4.3 Where a blood sample cannot be obtained the procedure for a Section 5A ends, however if impairment was apparent then consider section 4 and where appropriate a urine sample should be required.


5. Section 4 Offences 5.1 Officers should consider that impairment can be caused by prescribed,

controlled and legally held, solvents and substances. 5.2 Procedure under Section 4 of the Act will only be adopted in circumstances

where: (a) the driver or person in charge of the mechanically propelled vehicle is

suspected of being unfit through drugs, (includes Solvent Abuse);

or;

(b) is in such a condition as to be incapable through drink of providing the requirement of a screening breath test.

5.3 Procedures at Locus for Section 4 5.3.1 An officer who finds a person driving, attempting to drive, or in charge of a

motor vehicle on a road or other public place whilst unfit to drive through drink or drugs, should firstly require the suspect to provide a preliminary breath test. Where a negative breath test is provided, and impairment is still apparent features at 5.3.2 (a) – (o) below should be noted.

5.3.2 Where the vehicle is a mechanically propelled vehicle and not a motor vehicle

a preliminary test must not be carried out, but the features below should be noted:

(a) Distance from vehicle when first observed and duration of observations;

(b) Reason for attention being attracted to suspect’s manner or driving;

(c) Method of causing driver to stop, manner of stopping and position of vehicle on road when stopped;

(d) Street lighting at locus and position of vehicle when stopped in relation to lights, (hours of darkness only);

(e) Number of passengers in vehicle;

(f) Initial questions put to suspect with regard to statutory documents, etc. and replies;

(g) Smell of breath;

(h) Condition of eyes;

(i) If hiccup is present;

(j) State of clothing tidy or otherwise and whether showing signs of vomit or urine;

(k) Articulation of words, e.g. slurred, speech unduly deliberate, etc.;

(l) The manner in which suspect walks; with stagger, slowly, deliberately or normally;


(m) General demeanour and condition with regard to whether suspect is inclined to be childish, or to laugh, or cry, talk in an abnormal manner, be sullen or arrogant;

(n) Memory of recent events, (with regard to time this may be a good indication of sobriety or otherwise). Questions must not be directed to the suspect, but any remark made during ordinary conversation in this respect should be noted;

(o) Any injury or complaint of disease (e.g. diabetes).

5.3.3 Where a negative breath test has been provided and impairment is still

apparent, consideration should be given to requiring the suspect to undertake a Preliminary Drug Test and / or a Preliminary Impairment Test (PIT) (motor vehicles only), where trained officers are available.

5.3.4 Irrespective of whether a Preliminary Drug Test or a PIT is carried out, or if a

negative preliminary drug test is provided, if the Constable has reasonable cause to suspect impairment is still present, the suspect should be arrested using the words “I arrest you”. Any arrest for a Section 4 offences is under Section 1, Criminal Justice (Scotland) Act 2016.

6. Vehicle and Contents 6.1 If the suspect's vehicle is not required as a production or for examination

purposes, the vehicle should be secured. Property belonging to the accused shall be safeguarded. If it cannot be left in the care of a suitable person the driver should be given the opportunity to make arrangements for its removal. If the driver would prefer the vehicle to be removed from the locus this can be arranged at their request and further guidance is available in the Seizure of Vehicles SOP.

6.2 Where the driver appears to be unfit through drink or drugs (Section 4 RTA

1988) and it is alleged by the suspect or suspected by the officer then consideration should be given to the possibility of mechanical defects and the vehicle examined by an authorised officer.

7. Power of Entry 7.1 In Scotland, there is no statutory right of entry to premises where a person,

regarded as a suspect in terms of this Act, is believed to be. Where a Constable has reasonable grounds to suspect an offence has been committed under the terms of this act and that the suspect is within the premises at the material time, common law provides a power of entry, by force if necessary, to facilitate the obtaining of and preservation of evidence. In the absence of either of these requirements police officers will require a warrant.


7.2 The normal principles governing arrest and search without warrant should be applied by officers investigating cases where it is suspected a person has committed a drink / driving offence, or has been involved in a road traffic accident. Every case depends on its own facts and circumstances.

7.3 In order to require a breath test a Constable may, if necessary by force, enter

without warrant the suspect’s house or any other place where they have reason to believe the suspect may be where it is in the interests of justice to do so in order to obtain and preserve evidence

7.4 Constables will require to exercise discretion before seeking entry to

premises. They will require to decide on the strength of their case and the nature of the evidence on which their suspicions are based before taking the necessary action to make a breath test requirement. The courts will always have regard to the need to balance the public interest in the detection and suppression of crime with the individual’s rights.

8. Station Procedure 8.1 General 8.1.1 Depending on the offence, availability of breath specimen devices, etc., the

procedural forms contain all necessary instructions. 8.1.2 The investigating and corroborating officer at the police station would normally

be the two arresting officers. Where this is impracticable it is permissible for other officers to carry out these procedures.

8.1.3 They should remain with the suspect at all times during station procedure,

except when an examination by a medical practitioner is taking place and the medical practitioner does not require the police officers to be present and corroboration is not required. Police officers must be present when an evidential sample is obtained.

8.1.4 Prior to use of the approved device, all Airwave Terminals should be switched

to ‘TXI mode’ and mobile phones switched off. 8.1.5 Any reasonable request made by a suspect is to be considered on its merits.

If they wish to have a doctor called on their behalf this wish should be adhered to with it being explained that this would be entirely at their own expense and that any police procedure will not be delayed pending the attendance of that doctor.

8.1.6 All records will be retained, stored and subsequently destroyed in accordance

with the Police Scotland Record Retention SOP. 8.2 Interviewing

8.2.1 Section 5/5A Offence


8.2.1.1 - Breath

8.2.1.2 Where a suspect is arrested under Section 6 of the Road Traffic Act 1988 and there is a requirement to interview e.g. where there is an allegation of post incident drinking, the station procedure as per DD1 PS Form 126-031 should be completed. If the breath results exceed the limit the accused must not be charged. The accused should be returned to the charge bar, where their arrest under the Road Traffic Act will be completed. Following completion, the accused should then be rearrested under Section 1 of the Criminal Justice (Scotland) Act 2016 to allow enquiries into the offence to be investigated fully and interviewed. Once the interview has been concluded, where appropriate the accused can be charged with a contravention of Section 5 Road Traffic Act 1988 and their custody status updated to Officially Accused.

8.2.2 Blood/Urine

8.2.2.1 Where a blood or urine sample has been obtained from a suspect, unless

there is a reasonable likelihood that the person will drive or attempt to drive and commit a further offence under s4, 5 or 5A of the 1988 Act, they should be released pending analysis of the sample. Once a positive result has been obtained and where necessary, the accused can be arrested under Section 1 CJ(S)A 2016 to allow enquiries into the offence to be investigated fully and the subject can be interviewed. On conclusion of any interview, where appropriate the accused can be charged with the relevant offence and their status updated to Officially Accused.

8.2.3 Section 4

8.2.3.1 Section 4 of the 1988 Act differs in that the suspect has already been arrested

under Section 1 CJ(S)A 2016 so, where necessary, they can be interviewed at the conclusion of the station procedure as long as they have not been charged.

8.2.4 In either event where a section 1 arrest has been used, as long as the

subjects status remains not officially accused (not charged) they can be liberated for further enquiries and later re-arrested to allow conclusion of the enquiries. Officers should bear in mind that depending on the further enquiry to be carried out, Investigative liberation (liberation on conditions) can be considered.

9. Breath Specimen – Approved Device 9.1 General Guidance 9.1.1 The device should only be operated by personnel trained in its use, and

according to the instructions in the Intoximeter Guidelines. Cascade training in the use of Intoximeter EC / IR device is strictly forbidden.


9.1.2 An Operators Log (Intoximeter EC / IR Metrological Handbook and Test Log) should be available for each device. This log should be completed in full on each occasion the device is used. This includes use for testing, checking, training and servicing purposes.

9.1.3 Operating instructions for the Intoximeter EC / IR Evidential Breath Testing

Instrument can be found in the Operators Manual. 9.1.4 After a valid test cycle, the machine produces a print out. This print out is

divided into three parts. The operator and corroborating officer must both sign each of the three printouts and then one is to be handed to the accused as per the procedural form. (See Section 7.6).

9.2 Irritant Spray 9.2.1 Where officers encounter persons who have been subject to irritant spray and

who are subsequently required to provide breath samples for evidential breath testing, the following procedure should be followed:

If irritant spray has been used on or near a person, an operator should wait 30 minutes following exposure before testing the subject on an evidential breath testing instrument.

When a person who has been subject to irritant spray is unable to provide two samples of breath for an evidential breath test, this could be due to possible medical reasons and operators should follow appropriate procedures for obtaining blood or urine samples.

9.3 Reading of 23-26 µgs Information has been removed due to its content being exempt in terms

of the Freedom of Information (Scotland) Act 2002, Section 35, Law Enforcement.

9.4 Back Calculations 9.4.1 Generally, a back calculation should only be considered when the suspect

provides a breath, blood or urine specimen that is under the limit for prosecution, i.e. 26 microgrammes in breath, 50 milligrammes in blood or 67 milligrammes in urine.

9.4.2 When officers are dealing with an incident, and it is clear from the outset that a

back calculation may be required, then the evidential breath, blood, or urine sample should not be taken until at least 1 hour after the last time the suspect is believed to have drunk alcohol. This applies to instances where either pre-incident drinking or post-incident drinking or both is suspected. The figure of 1 hour is accepted nationally as the agreed minimum timescale and is the average period of time required for all the alcohol to be absorbed into the suspect's system.


9.4.3 In addition, where an evidential sample gives a reading of below 9 microgrammes in breath or 20 milligrammes in blood, then the laboratory is unable to carry out a back calculation. Back calculations can also be carried out in relation to urine samples but not where an evidential urine concentration is less than 27 milligrammes in 100 millilitres of urine.

9.4.4 A specimen of blood / urine for analysis must be submitted to the Lab using

the Blood - Urine Specimen for Analysis (Form 126-030). This form also provided guidance on the information required when submitting samples for back calculation or when dealing with a technical defence.

9.4.5 To ensure accuracy of calculations and limit challenges in court, officers must

submit as much information as possible to the laboratory. (See Section 8.2 Interviewing)

9.5 Specimen Incomplete 9.5.1 If the accused fails to operate the breath analysis device, at the first or second

sample and 'Specimen Incomplete' is displayed by the device, then provided the police officer is satisfied that the suspect had been doing their best to provide a specimen, they should be given another opportunity to provide sufficient samples.

9.5.2 If they are unsuccessful at the second attempt to provide sufficient samples,

and the investigating officers are still of the opinion that they are capable and willing to provide the second sample, then the device can be activated on further occasions until two samples are obtained.

9.5.3 Legislation only permits officers to obtain two breath samples for analysis by

an approved device. A sample of breath would be defined as sufficient to enable the test or the analysis to be carried out and is provided in such a way as to enable the objective of the test of analysis to be satisfactorily achieved.

9.5.4 If the accused is required to supply a sample of blood or urine then the

procedural form should record the reason why this requirement was made. 9.5.5 Where a second test is successful in obtaining two samples or a second or

any subsequent test is successful in obtaining the second sample, all printouts are to be retained as a case related document. Where any tests result in 'specimen incomplete' printouts being produced, it is also necessary to retain these as case related documents. The printout in respect of any test cycle completed by the investigating officers should be retained as a case related document. The normal procedures as per section 7.6 should be followed with the suspect being handed a copy of each print. (For further guidance see Productions SOP).

9.5.6 If the officers believe the suspect is deliberately failing to provide a specimen

of breath then the procedure ends. Where a mouth piece has been used but the suspect has failed to provide two breath specimens for analysis, the mouth piece should be retained as a production.


Note: All readings must be checked for breath difference against the chart which has

been provided and should be available beside each device. 9.6 Printout 9.6.1 The provisions of section 16 (3) (a) of the Road Traffic Offenders Act 1988

provide that, should the prosecution intend to rely on a document or a certificate mentioned under subsection (1) (a), which in most cases will be a printout from the Intoximeter device, then it can only do so; “If a copy of it either has been handed to the accused when the document was produced or has been served on him not later than seven days before the hearing”.

9.6.2 Interpretation of the phrase “handed to” is particularly important as failure to

apply this correctly may affect the integrity of future judicial process. There is significant case law on this subject which includes; where a document had been placed before an accused with no indication it was for them to take away, it was held that it had not been “handed to” the accused, (Walton v Rimmer [1986] RTR 31, DC).

9.6.3 In the Scottish case of McDerment v O’Brien 1985 SLT 485 the court ruled

that in order for the prosecution to rely on the evidence contained within the printout, the printout must physically be handed to the accused. In short there must be a physical deliverance from the hand of the police officer into the hands of the accused. Unless this is done, the prosecution cannot rely on the evidence contained therein.

9.6.4 In order to reduce potential challenges in court, the following guidance must

be followed:

A certified copy of the Intoximeter printout must be physically handed to the accused by a Police Officer (corroborated). It is not sufficient merely to place the printout in the property of the accused without first having “handed” it to them.

The “Receipt by Accused” section of the Drink Drive Forms should be completed and signed appropriately.

The subsequent SPR and Police Witness Statements must make specific mention of the fact that:

“The accused was handed a certified copy of the Intoximeter printout by Constable A in the presence of Constable B and that accused accepted / declined this copy”.

If, for whatever reason, an accused is not “handed” a copy of the printout, this fact must be highlighted within the subsequent SPR and Police Witness Statements in order that alternative arrangements can be made for appropriate service.

If service of the printout is required, the Intoximeter printout and procedural forms should be lodged as productions in early course.


9.6.5 The procedural forms have space for the certified statement produced by the breath analysis machine (together with any copy refused by the accused) to be attached.

9.7 Reading of 22 µgs or less 9.7.1 Where the lower reading on the breath analysis machine is 22 microgrammes

or less, then:

In Section 4 cases where drugs are not suspected;

or;

In all Section 5 cases where impairment is no longer apparent, and a back calculation is not required;

the relevant ‘DD’ procedural form (See Appendix ‘F’) (with the Certification part duly completed and the machine printout(s) attached) should be retained on file for a period of 2 years.

9.7.2 It should be noted that in such cases, the accused is still to be offered a copy

of the printout, and a signature obtained on the procedural form as normal. If they refuse to accept this copy, it too is to be attached to the procedural form.

9.8 Faulty Device 9.8.1 If at any point during the process the breath analysis machine shows it to be

faulty, the investigating officer has no option but to invoke the procedure contained in Section 7(3) of the Road Traffic Act 1988.

9.9 Interfering Substances 9.9.1 The instrument will produce the message:

‘Interfering substance unsatisfactory specimen 1’

or

‘Interfering substance unsatisfactory specimen 2’ 9.9.2 This message indicates that the instrument has detected a substance other

than ethanol in the sample which gives rise to an elevated reading. 9.9.3 The print out will not include a certifying statement. 9.9.4 The print out must be retained and the investigating officer will require

blood or urine. 9.10 Mouth Alcohol

9.10.1 The instrument will produce the message:

‘Mouth alcohol unsatisfactory specimen 1’

or


‘Mouth alcohol unsatisfactory specimen 2’ 9.10.2 This message indicates that the specimen is unsuitable for analysis owing to

the presence of mouth alcohol. 9.10.3 If specimen 1 is unsuitable the print out will not include certifying statement. 9.10.4 If specimen 2 is unsuitable the print out will include a certifying statement. 9.10.5 The print out must be retained and the investigating officer will require

blood or urine. 9.11 Out of Range


‘Specimen 1 (or 2) over 220’ 9.11.2 This message will also be backed up by a separate message:

‘Specimen 1 (or 2) Out of Range’ 9.11.3 This message indicates that a very high level of alcohol has been introduced

to the instrument, above the maximum reading for the instrument. 9.11.4 If specimen 1 is unsuitable the print out will not include certifying statement. 9.11.5 If specimen 2 is unsuitable the print out will include a certifying statement. 9.11.6 The print out must be retained and the investigating officer will require

blood or urine. 9.12 Breath Difference


‘Breath Difference’ 9.12.2 This is an indication by the instrument that the two specimens of breath are

unsuitable for analysis, as they vary to such a degree that for technical reasons their reliability becomes questionable.

9.12.3 A common cause may be regurgitation, or burping of stomach gases, or even

contents. 9.12.4 The print out will include a certifying statement. Note: It is recommended all readings be checked for breath difference against the

chart which has been provided and should be available beside each device. There have been occasions where a device has failed to detect a breath difference outside acceptable parameters.


9.12.5 The print out must be retained and the investigating officer will require blood or urine.

9.13 High Blank

9.13.1 If an accused with a high alcohol content (or an accused simply smells

strongly of alcohol) is permitted in close proximity of the device and the flexible breath hose is extended forward, when the device ‘purges’ it may draw in contaminated air from the surrounding area, resulting in a ‘high blank’ reading.

9.13.2 To avoid such a situation, officers should keep the subject away from the

device until he or she requires to provide a sample. After the first sample has been provided push the flexible breath hose away from the accused but not inside the instrument cabinet. After this first sample, the accused should be moved away from the machine to reduce the risk of contamination by alcohol-laden breath.

9.13.3 The accused should never be out with the view of the device at any time

once the procedure has commenced. The accused should, thereafter, return to provide the second sample of breath.

9.13.4 Officers should always ensure, in such situations, that the room is well

ventilated, to allow alcohol vapours to dissipate. 9.13.5 Where 'High Blank' follows any specimen provided, the reading should not be

used, the print out must be retained and the Investigating Officer will require blood or urine, proceeding on Form 2 at Part 1(b) (iii).

1. Device produces High Blank prior to any specimen being provided then ventilate the room and restart device;

2. Accused provides one specimen followed by High Blank – go to blood / urine;

3. Accused provides second specimen followed by High Blank – go to blood / urine;


‘Simulator Connect Error’ 9.13.7 The message indicates that the instrument is unreliable. The investigating

officer will require blood or urine. 9.13.8 The print out will not include a certifying statement. 9.13.9 The print out must be retained and the Investigating Officer will require

blood or urine.

9.13.10 Thereafter a supervisor should be contacted in order that arrangements can be made to have the device checked.


9.14 Simulator Check 1 (or 2) Incorrect


‘Simulator check 1 incorrect or Simulator check 2 incorrect’ 9.14.2 The message indicates that the instrument is unreliable. 9.14.3 The print out must be retained and the Investigating Officer will require

blood or urine. 9.14.4 Thereafter a supervisor should be contacted in order that arrangements can

be made to have the device checked. 9.15 Date / Time Error

9.15.1 In all cases where the breath test device is used, the investigating officer is to check the date / time prior to commencing the procedure to ensure it is accurate. If there is a significant difference in time or the date is incorrect, a note to that effect is to be included in the report to the Procurator Fiscal. A blood or urine sample is therefore required from the accused. Direct evidence of the unavailability or unreliability of a device is required by the court.

9.15.2 If the procedure is complete and the error is not discovered until the printout is

produced, the printout is not to be certified as correct by the Investigating Officers. It is to be retained as a production and submitted with the police report. A copy is not to be handed to the accused. A blood or urine sample is therefore required from the accused. Direct evidence of the unavailability or unreliability of a device is required by the court.

9.16 Defective Printout

9.16.1 Where a device fails to produce a printout, or produces a printout, which is unreadable, a trained operator is to attempt to obtain a copy printout from the device by the procedures outlined in the instruction manual. If this action is successful and a valid printout is produced, it is to be signed by the Investigating Officers in the normal manner and a copy handed to the accused. If a valid printout cannot be obtained, the copy, which is unreadable is to be retained as a production and submitted with the police report. It is not to be certified as correct by the investigating officers and a copy is not to be handed to the accused. In the above circumstances a requirement for a blood / urine sample is not to be made.

9.17 Oral Evidence

9.17.1 If in any event the Investigating Officers have been unable to hand a valid printout to the accused, the oral evidence of the Investigating Officers as to the calibration / breath analysis results may be sufficient for the Procurator Fiscal to take proceedings.

9.18 Operator’s Log


9.18.1 The Procurator Fiscal is to be supplied with a copy of the operator’s log showing that the device has been withdrawn and given a statement from the officer who withdrew the machine.

9.19 Service Intervals and Checks

9.19.1 Intoximeter EC / IR devices must be serviced at six monthly intervals; in practice 5 – 7 months would be acceptable but the maximum time span for two successive service intervals should not exceed 13 months. If the service interval for any instrument exceeds 7 calendar months it should be the Police operators responsibility to ensure that it is withdrawn from service and marked accordingly until it has been serviced and a valid certificate issued.

9.19.2 There is no longer any requirement for weekly accuracy checks to be carried

out on the Intoximeter EC / IR.

9.19.3 Custody Division is responsible for ensuring Intoximeter EC / IR are serviced and maintained.

10. Specimen Procedure – Blood and Urine

10.1 In taking a specimen, the Medical Practitioner (Doctor) or where appropriate, registered health care professional (Nurse) (Road Traffic Act 1988, section 11) is to use the appropriate kit. Officers should ensure the correct kits are used, the seals are intact and the date printed on the exterior of the kit has not expired.

10.2 Each component of the kit to be used should be examined before use. If any item is found to be defective the whole kit should be discarded and a different one used. Defective kits should be returned to Procurement.

10.3 If a urine sample is provided, it should be divided into the two phials provided within the ‘urine kit’, ensuring the preservative tablets are within the phials and the lids of the containers are securely screwed on. The phials should be shaken to mix the preservative, as per enclosed instructions. Thereafter, the accused should be asked if they wish to be supplied with a portion of the specimen (one of the phials).

10.4 If a blood sample is provided it should be divided into the two phials provided

within the ‘blood kit’ and shaken to mix the anti-coagulant. Thereafter the accused should be asked if they wish to be supplied with a portion of the specimen (one of the phials).

10.5 ‘A’ and ‘B’ Samples 10.5.1 Where the accused wished to be supplied with a portion of the sample (blood

or urine) they should be allowed to indicate the portion (phial) they wish to take. The sample retained by the police becomes the ‘A’ sample and the sample chosen by the accused becomes the ‘B’ sample.


10.5.2 The samples should be packaged as per instructed (see section 8.8) and the ‘A’ sample should be refrigerated but not frozen until it is sent for analysis.

10.5.3 The accused should be provided with the sample they have chosen (the ‘B

sample), packaged appropriately, along with the booklet providing guidance on analysis. The accused should be informed that the sample must be stored and analysed as per the guidance on the envelope, which is self-explanatory.

10.5.4 Where the accused is kept in police custody or appears at court from police

custody the ‘B’ sample should be stored appropriately in a fridge by police on their behalf, until they are released or can arrange for a nominated person e.g. a Solicitor or a Defence Expert, to uplift same. The ‘B’ sample must never be added to accused’s property and should be lodged as a production. Form Retention of B Sample Notice (126-088) explains the procedure and must be added to accused’s property.

10.5.5 The accused should be informed both verbally and in writing (Form 126-088)

that the ‘B’ sample will be retained by police in a fridge to protect against damage and that they, or a nominated representative, can uplift the sample.

10.5.6 It will be the responsibility of the reporting officer to ensure the sample is lodged as a production and stored correctly, they are also responsible for informing accused and adding Form 126-088 to accused’s property.

10.5.7 If the accused’s solicitor attends at the Police station they should also be

informed both verbally and in writing (Form 126-088) that the ‘B’ sample has been retained. The solicitor should be encouraged to seek direction from the accused in relation to retention and analysis of the ‘B’ sample as soon as possible

10.5.8 Where the accused nominates a person to uplift the ‘B’ Sample, they should be informed that the nominated person should have a letter of declaration of authority from the accused and that person should produce identification. When the nominated person attends to uplift the sample, their identity should be confirmed and they must sign a production release form prior to the sample being given to them. They should also be given the booklet providing guidance on analysis. This person should be informed that the sample must be stored and analysed as per the guidance on the envelope.

10.5.9 When reporting the case to the Procurator Fiscal the fact that a ‘B’ sample has been retained by the Police should be clearly highlighted within the SPR.

10.5.10 Where a ‘B’ sample has been requested by the accused but subsequently not uplifted by them or a nominated person, it is the responsibility of the reporting officer to ensure direction is received from the Procurator Fiscal prior to the sample being destroyed.

10.5.11 Where the accused has stated they do not wish to be supplied with a portion

of the blood / urine sample, they should be informed it will not be retained by police and it will be destroyed. The receipt section of the Drink/Drug Drive


Forms should be completed and signed appropriately. The ‘B’ Sample must not be sent with the ‘A’ sample for analysis. For further guidance on disposal refer to the Lost, Abandoned and Found Property SOP.

10.6 Officers must ensure the results of the analysis are submitted in sufficient time

for the Procurator Fiscal to take proceedings. The time bar for these cases is six months from the date of the offence.

10.7 Medical Examinations (Drugs Suspected – Station Procedure)

10.7.1 Medical Practitioner (Doctor) with the permission of the accused will carry out an examination to determine if the condition of the person might be due to some drug. This examination will be undertaken outwith the presence of police.

10.7.2 Accused persons who request examinations by their own doctor should be informed that this will be at their own expense, such examinations should take place after examination or observation by the police Medical Practitioner or equivalent.

10.7.3 The Medical Practitioner (Doctor) and accused should be introduced and the accused consent to the examination confirmed again by the Medical Practitioner (Doctor) in the presence of the police. They should also be advised that if drugs are suspected, then the police should be informed so that a requirement can be made for blood or urine.

10.7.4 If the accused refuses to consent to the examination or is incapable of giving or withholding consent, the Medical Practitioner (Doctor) should only make observations.

10.7.5 The result of these examinations should be recorded on a soul and conscience

form which should be placed within an envelope, sealed and marked confidential by the Medical Practitioner (Doctor), before being forwarded to the PF.

10.7.6 Where, in the opinion of the Medical Practitioner (Doctor), the person’s

condition is not due to some drug, the procedure ends and a sample of blood or urine must not be required. A report may still be submitted to the Procurator Fiscal where there is sufficient evidence of impairment from officer and witness observations.

10.8 Blood

10.8.1 Only a Medical Practitioner (Doctor) or Registered Health Care Professional (Forensic Nurse) are to take blood specimens and the sample must be taken in the presence of a police officer. It should be noted that although a Registered Health Care Professional (Forensic Nurse) can be engaged to take a blood specimen in relation to Road Traffic Act 1988, Section 5, 5A and 4 offences. Registered Health Care Professionals (Forensic Nurse) must not be used to give and opinion on condition when dealing with section 5A and 4 offences.

http://www.legislation.gov.uk/ukpga/1988/52/section/5


10.8.2 The Medical Practitioner (Doctor) or Registered Health Care Professional

(Nurse) is to obtain the accused’s consent.

10.8.3 The Medical Practitioner (Doctor) or Registered Health Care Professional (Nurse) must complete the appropriate force form.

10.8.4 Should a Medical Practitioner (Doctor) or Registered Health Care Professional

(Nurse) state that, in their opinion, a specimen of blood cannot or should not be taken from the accused on medical grounds, no separate document is required to certify this; completion of the appropriate part of the procedural form is sufficient.

10.9 Urine

10.9.1 When a urine specimen is being taken, two police witnesses are to be present during the collection of the sample and for the completion of the relevant ‘DD’ form (See Appendix ‘F’). Only officers of the same sex as the accused may supervise the collection of urine. When dealing with transgender people, officers should refer to the Care and Welfare of Persons in Police Custody SOP for further guidance.

10.9.2 During the procedure, officers involved must wear protective gloves. 10.9.3 Two specimens of urine must be collected within one hour of the requirement,

the first specimen is to be disposed of and disregarded. 10.9.4 The second specimen is to be collected in the receptacle and, in the presence

of the accused, divided equally between the two glass bottles. All containers are supplied in the urine kit. The remainder of the specimen should be discarded and the container used, rinsed, and placed in the receptacle marked "Clinical Waste" for destruction. The samples should be shaken for at least 30 seconds to ensure the preservative, contained within each phial, is dispersed thoroughly.

10.9.5 Each bottle is then sealed, labelled and placed within the plastic containers,

protected by cotton wool. The lids of containers are then securely fixed and the containers labelled in the presence of the accused. Each phial and Securitainer should be labelled using one of the four large labels included in the kit. Each phial should be placed in its own Securitainer® together with an absorbent pad, and a piece of foam packaging placed on top of the phial and sealed as per instructions. Do not remove the tear-off strips.

10.9.6 Analysis for alcohol can be carried out on very small quantities of urine.

Analysis for drugs, however, requires a larger quantity and effort should therefore be made to obtain a sufficient quantity.

10.9.7 A new set of specimen bottles is to be used for each sample. The bottles are

to be destroyed by incineration when all criminal proceedings in the case including any appeal have been concluded.


10.9.8 The suspect’s part of the sample should be dealt with as per the section on

labels / sealing. 10.10 Labels / Sealing

10.10.1 Four self-adhesive labels (2 large and 2 small) are provided in each kit and should be completed in ink (in the case of blood, by the Medical Practitioner (Doctor) or Registered Health Care Professional (Forensic Nurse) and the police officer involved). The small labels should be securely attached to the glass phials and the large labels to the plastic ‘Securitainers’®, with the details facing outwards. (Note: Older style blood kits containing only two large self-adhesive labels remain in circulation and can continue to be used providing the expiry date has not been exceeded. Where only two large stickers are provided, they must be attached to the outside of the plastic ‘Securitainers’® and not on to the glass phials.)

10.10.2 The phials or bottles, with the labels attached, should then be placed upright

into the translucent ‘Securitainer’®, care being taken to ensure that they are securely sealed with the white cap. Do not remove the tear off strips. Labels should then be attached.

10.10.3 The ‘Securitainer’® containing the accused's sample is to be placed in the printed envelope, which is to be sealed. The envelope is to be signed across all three sealed edges by the Medical Practitioner (Doctor) and police officer involved. Security tape is to be placed firmly, without overlap, along the three sealed edges.

10.10.4 The accused is to be asked to sign in the appropriate place on the relevant

procedural form, indicating that they have received or declined to accept their part of the specimen. In the event of the accused declining to accept the sample and / or declining to sign the form accordingly, the officer in charge of the case is to indicate this by signing to that effect in the appropriate place on the form. The refused specimen will be retained with the other productions until the case has been finally disposed of when the specimen is to be incinerated.

10.10.5 The envelope is to be given to the accused together with the 'List of Analysts' and the accused's attention is to be drawn to the details printed on the envelope, which are self-explanatory.

10.11 Drug Details

10.10.1 Where a specimen has been obtained for analysis for drugs any information as to the type of drug likely to be involved (including any prescribed medicines), is to be provided together with a sample pill, tablet or ampoule, where available.

10.12 Packaging of Productions

10.12.1 The prosecution part of the specimen in its ‘Securitainer’® is to be placed in


the envelope provided. In the case of a blood specimen this envelope is pre-addressed. Blood specimens require the police officer and the Medical Practitioner (Doctor) to sign the envelope across all sealed edges. For urine analysis, both police officers will require to sign over the three sealed edges. Thereafter security tape is to be placed firmly, without overlap across the signature and sealed edges.

10.12.2 The following details are then to be printed in ink on the front of the envelope:

Date sample taken;

Local Policing Area and station or hospital where sample taken;

Accused's name; and

Whether it contains a 'blood' or 'urine' sample.

10.12.3 The analysis of samples must be requested by completing a Blood - Urine Specimen for Analysis (Form 126-030). Analysis is carried out at the Scottish Police Authority (Toxicology Section). (See Appendix ‘B’).

10.13 Submission of Blood / Urine Samples for Analysis

10.13.1 When submitting blood or urine for analysis in relation to drink / drug driving offences officers should utilise Blood - Urine Specimen for Analysis (Form 126-030). This form is self-explanatory and should be completed by the reporting officer(s).

10.13.2 Standard Procedure:

The main section of the form should be completed and enclosed within the sample package before closing and the completed stub attached to the outside of the sealed package.

The sample should then be lodged at a suitable location (see list at Appendix ‘G’);

A Custodian will arrange for a driver to take the sample to the nearest SPA unit where it will be forwarded by SPA to the Forensic Science Laboratory at Howden Hall Road for analysis;

On completion of analysis the results will be sent directly to the reporting officer or via Divisional Case Management Units or Custodier.

10.13.3 Posting: There are some areas where it is not practicable to have the sample

taken by a driver, these samples can be posted.

Samples should only be posted when, for operational reasons, the standard procedure cannot be complied with;

The entire form should be placed with the sample, within the appropriate container along with a cooler block and placed within the cool bag;

The containers with the cooler block will keep the sample refrigerated for up to 24 hours;


The package should then be posted using Royal Mail Special Delivery Guaranteed 24 hr, or similar, to ensure prompt and secure delivery;

Samples should be mailed at an appropriate time to ensure it will be received by staff at Howden Hall within the 24 hour period. The reception at the lab is staffed 0830 – 1630 hrs Monday to Friday.

11. Hospital Procedures 11.1 When it is decided to proceed under Section 4 Section 5A or Section 5 of the

1988 Act and the suspected person is a patient in a hospital, the appropriate form is to be raised and the procedure contained therein followed.

11.2 When seeking a specimen of breath for a breath test or a specimen of saliva

for a preliminary drug test from a patient in a hospital, no such requirement shall be made unless the Medical Practitioner in immediate charge of the patient's case has been notified and consents to the requirement being made and has completed the hospital procedure form DD5 or DD5A PSoS – Hospital Procedure (Drink-Drugs) Alleged Contravention Section 3A, 4, 5A or 5 Road Traffic Act 1988 (Form 126-035).

Note: ‘Medical Practitioner’ means a doctor and not a ‘Nurse Practitioner’ nor a

‘Registered Health Care Professional’. 11.3 Officers should note the medical qualification of the person approached to

obtain consent to make a requirement to provide a specimen of breath for a breath test as this is fundamental to the admissibility of any subsequent evidence obtained.

11.4 This constraint does not apply to investigations being conducted at a hospital and an officer may therefore require specimens without any such consideration. Nevertheless, where the evidence of impairment is not overwhelming, an officer may consider whether an examination by a Medical Practitioner would be useful to determine whether there is any other condition present which might give rise to the behaviour observed.

11.5 When the Section 4, Section 5A or Section 5 (of 1988 Act) procedure is being carried out, and blood is to be required, a Medical Practitioner (Doctor) is to be summoned to take the specimen. If a Service Medical Practitioner (Doctor) is not available the specimen of blood may be taken by a hospital doctor not involved in the care of the suspected driver.

11.6 A screening / roadside breath test can be required at a hospital, however, a specimen of breath for analysis on an approved device cannot be required at any place other than a police station.

11.7 A patient remains a patient at a hospital until they are discharged by a doctor or self-discharges.

11.8 Obtaining Blood Samples from Unconscious Drivers at Hospital

11.8.1 Section 7A of the Road Traffic Act 1988 empowers a Medical Practitioner


(Doctor) to take a blood specimen from a driver suspected of an offence under Section 3A, 4, 5A or 5 of the Road Traffic Act 1988, while that person is incapable of giving consent.

11.8.2 In these circumstances, the Medical Practitioner in charge of the medical care of the accused should be asked if they have any objections to a Medical Practitioner (Doctor) taking a specimen of blood. They can only object if they believe the procedure would be prejudicial to the proper care and treatment of the patient.

11.8.3 The reason for such a refusal should be recorded in the officer’s notebook. If such an objection is raised, the specimen cannot be taken and the procedure ends. If permission is granted, the procedure in Force Form DD5 PSoS – Hospital Procedure (Drink-Drugs) Alleged Contravention Section 3A, 4 or 5 Road Traffic Act 1988 (Form 126-035).should be followed. This can only be initiated if the person has been involved in a road accident. Where Hospital Procedure (Drink-Drugs) Alleged Contravention Section 3A, 4, 5A or 5 Road Traffic Act 1988 (Form 126-035).is used, this should be completed up to the relevant section and then stored locally to allow access once the patient regains consciousness.

11.8.4 Where a blood sample has been taken, it will be divided into two parts and sealed in the tamper proof evident bags. Both bags will be placed into a third large Jiffy bag. This bag will then be retained as a production and stored in a refrigerator at a police office.

11.8.5 This envelope will be clearly marked as follows:

'Unconscious Driver Case - Not to be Opened Except on the Specific Instruction of ............ (Officer in Charge of Case).'

11.8.6 In the interim period the patient’s condition should be monitored to ascertain if

and when they can be interviewed. A designated officer should make enquiries with the hospital at least once each day.

11.8.7 When the patient regains consciousness prior to interviewing them, the

Investigating Officer must confirm with the Medical Practitioner in charge of the patient if they are fit to be asked to give permission for the analysis of the specimen and to receive a warning of the consequences of refusal.

11.8.8 Section 7A (6) of the 1988 Act creates the offence of failing to give permission.

The patient should be offered the second part of the specimen and, if declined, it should be retained as normal.

11.9 Pre-Transfusion / Admission Blood Samples

11.9.1 In more serious Road Traffic cases such as Section 1, 2 or 3 (z) (b) Road Traffic Act 1988, arrangements should be made with the relevant hospital to secure and retain the pre-transfusion / admission blood sample obtained from the suspect. This should be carried out without delay to prevent the sample being destroyed or discarded by the hospital. The hospital will retain the


sample until the local PF is contacted to formalise the process by way of a warrant. The sample can then be seized and analysed.

12. Pedal Cycle 12.1 A Constable may arrest without warrant a person committing an offence under

Section 30 Road Traffic Act 1998. The police are not empowered to require cyclists suspected of contravening Section 30 above, to provide a preliminary breath or drug test, or specimens of breath, blood or urine, under Sections 6 and 7 of the 1988 Act.

12.2 Any request to such a cyclist to provide a specimen for laboratory testing must,

therefore, be made in terms similar to those used in requesting him to undergo medical examination and tests, namely he must be told that he is entitled to refuse, and that if he agrees, the result of the analysis of the specimen may be used in evidence.

13. Solvent Abuse 13.1 Section 4 of the 1988 Act procedure for drugs is to be followed; special

features associated with solvent abuse such as a chemical smell from the accused's breath etc. should be noted.

14. Reporting of Offenders 14.1 Any offences detected in relation to Drink / Drug driving will be reported to the

PF in the usual manner using a Standard Prosecution Report (SPR2).

15. Analyst’s Report 15.1 Analyst’s reports will be sent from the Laboratory to the Case Management

Unit covering the area concerned, in duplicate. The two copies are to be included in the report to the Procurator Fiscal, except in Section 5 cases where the proportion of alcohol in the specimen is below the prescribed limit, in which case the two copies are to be filed.

16. Intimation of ‘No Proceedings’ 16.1 When the analyst's report shows that the specimen of blood or urine proved on

analysis not to contain alcohol or drugs in excess of the prescribed limit, the accused person must be notified of the result and that 'no proceedings' are to be taken. The driver should be sent letter Notification of No Proceedings Under Section 5/5A RTA 1988 (Form 126-079).


16.2 When 'no proceedings' intimations are received or when the case is concluded, arrangements will be made to have the blood / urine samples incinerated.

17. Road Collisions (Preliminary Tests) 17.1 Except where precluded by the terms of Section 9 Road Traffic Act 1988, all

drivers involved in road collisions are to be required to provide a screening breath test. In all such cases where a screening breath test is not required of the driver of a vehicle which has been involved in a collision, details of the reason why the test was not required should be noted. All drivers involved in a road collision will not be required to comply with a preliminary Drug test. Force guidance requires preliminary drug tests to be carried out when a driver has been involved in a fatal collision, a serious likely to prove fatal collision or where there is a suspicion of the driver being under the influence of a drug. There may be other incidents where the legislation permits testing and it would be appropriate to carry out a test, this should be done at the discretion of the SIO.

18. Diplomats 18.1 Suspects who claim diplomatic immunity should be invited to provide a

specimen of breath for a breath test. A person entitled to Diplomatic Immunity is exempt from any form of arrest or detention.

18.2 Where a Police Officer has grounds to require a preliminary breath or drug

test, the driver should normally be invited to provide such a sample even if Diplomatic Immunity has already been claimed.

18.3 Should they refuse or if they have provided a positive specimen and then claim

diplomatic immunity, they should be requested to attend at a Police Station so that their Diplomatic Status can be verified. This action is intended to prevent a recurrence of the original offence.

18.4 If a person claiming Diplomatic Immunity refuses to attend at a Police Station,

contact Counter Terrorism support (CT) directly or via the ACR to verify their claim to immunity. Officers will receive appropriate guidance from these departments as they have facilities for contacting the Diplomatic Protection Group in London. (See Appendix ‘H’ for contact details).

18.5 While at a Police Station, the person should be invited to provide a breath specimen for evidential analysis. The procedures in relation to blood and urine specimens, however, do not apply.

18.6 It is acknowledged that there can be no insistence that a person with Diplomatic Immunity take a breath test, nor should they be charged with any offence in the event of a positive result or a refusal.

18.7 In the event of a person having Diplomatic Immunity giving a positive breath test or refusing to give a specimen and the Police Officers concerned feel it is


unsafe for the Diplomat to proceed, every effort should be made to persuade the driver to attend voluntarily at the nearest Police Station on public safety grounds.

18.8 Proceedings are not to be taken against any person entitled to Diplomatic Immunity but if it is alleged that a crime or offence has been committed by any such person, the facts are to be reported to the Procurator Fiscal immediately by telephone or, out with office hours, to the Duty Fiscal by the Investigating Officer's supervisor.

18.9 A report on all the circumstances should be compiled and forwarded to Special Branch for consideration of onward transmission to the Co-ordinator of the Police National Index of Privileged Persons (SO16), Metropolitan Police, London. They, in turn, may notify the Foreign and Commonwealth Office, London for the attention of the Minister of State.

19. Vehicle Forfeiture

Information has been removed due to its content being exempt in terms of the Freedom of Information (Scotland) Act 2002, Section 35, Law Enforcement.

20. Railway, Trams, Marine and Aviation 20.1 For specific information relating to Drink / Drug offences on Railways, Marine

and Aviation refer to the Drink, Drug (Railways, Marine and Aviation) SOP. 20.2 Additional specific information relating to Drink / Drug offences on a Tram

Network can be found within Section 7 of the Attendance at Incidents Involving Trams SOP.


Appendix ‘A’

Driver Suspected of Driving with Drink/Drugs in their System



Appendix ‘B’

Back Calculations Information has been removed due to its content being exempt in terms of the Freedom of Information (Scotland) Act 2002, Section 30, Prejudice to effective conduct of public affairs.


Appendix ‘C’

Vehicle Forfeiture Procedure



Appendix ‘D’

List of Associated Legislation

The Police and Fire Reform Act 2012

The Road Traffic Act 1988

The Transport & Works Act 1992

The Police Reform Act 2002

The Railways and Transport Safety Act 2003

The Road Traffic Offenders Act 1988


Appendix ‘E’

List of Associated Reference Documents

Attendance at Incidents Involving Trams SOP

Seizure of Vehicles SOP

Drink, Drugs (Railway, Marine and Aviation) SOP

Care and Welfare of Persons in Police Custody SOP

Productions SOP


Appendix ‘F’

List of Associated Forms

Blood-Urine Specimen for Analysis (Form 126-030)

Railway, Tram, Marine, Aviation D1R (Form 006-009)





DD1 – PSoS – Alleged Contravention of Section 5 of The Road Traffic Act 1988, As Amended (Over Prescribed Limit) – PRINT (Form 126-031)

DD2 – PSoS – Alleged Contravention of Section 5 of The Road Traffic Act 1988, As Amended (Over Prescribed Limit) (Form 126-032)

DD3 – PSoS – Alleged Contravention of Section 4 of The Road Traffic Act 1988 (Unfit Through Drink – Drugs) (Form 126-033)

DD4 – PSoS – Alleged Contravention of Section 4 of The Road Traffic Act 1988 (Unfit Through Drink – Drugs) (Form 126-034)

DD5 – PSoS – Hospital Procedure (Drink-Drugs) Alleged Contravention Section 3A, 4 or 5 Road Traffic Act 1988 (Form 126-035)

DD5A – PSoS – Hospital Procedure (Drink-Drugs) Alleged Contravention Section 3A, 4 or 5 Road Traffic Act 1988 (Form 126-035 (A))

DD6 – PSoS – Preliminary Impairment Test 3a, 4 or 5 Road Traffic Act 1988 (Form 126-036).

Retention of B Sample Notice (126-088)

Notification of No Proceedings Under Section 5 RTA 1988 (126-079)


Appendix ‘G’

Police Stations Where Blood or Urine Samples can be Lodged

‘A’ Division Queen St

‘B’ Division Elgin

Inverurie

Peterhead

‘C’ Division Stirling

Falkirk

RPU Stirling

‘D’ Division Perth

Bell St Dundee

Arbroath

‘E’ Division St Leonards

‘G’ Division Stewart St

Partick

Drumchapel

Maryhill

London Rd

Baird St

Kirkintilloch

Easterhouse

Shettleston

Govan

Cathcart

Gorbals

Giffnock

Barrhead

Pollock

‘J’ Division Hawick

Galashiels

Kelso

Dalkeith

Livingston

‘K’ Division Greenock

Paisley

Johnstone


‘L’ Division Clydebank

Dunoon

Lochgilphead

Campbeltown

Oban

Tobermory

Bowmore

‘N’ Division Inverness

Dingwall

Wick

Fort William

Portree

Aviemore

Nairn

Tain

Kirkwall

Lerwick

Stornoway

Balivanich

‘P’ Division Kirkcaldy

Glenrothes

Dunfermline

‘Q’ Division Motherwell

Hamilton

Coatbridge

Lanark

‘U’ Division Saltcoats

Irvine

Kilmarnock

Ayr

Cumnock

‘V’ Division Dumfries


Appendix ‘H’

Diplomatic Protection Group Information has been removed due to its content being exempt in terms of the Freedom of Information (Scotland) Act 2002, Section 30, Prejudice to effective conduct of public affairs.

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