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Faulty Lab Tests Put Drug Driving Prosecutions At Risk

Aug 24, 2021

According to a recent announcement by police, hundreds of drug driving convictions and prosecutions could be quashed or put at risk after problems were found with evidence samples in forensic labs.

The National Police Chief’s Council (NPCC) said that some evidence handled by Synlab Laboratory Services Ltd is “no longer reliable”.

A spokesman for the NPCC said the company had “identified issues with its analysis of drug driving samples” in December and a subsequent investigation discovered that certain quality control criteria used to verify results were not “always applied correctly”.

The Crown Prosecution Service has contacted legal representatives in 831 affected cases of which 588 have already been concluded. The policing body warned that the “test result from Synlab can non longer be relied on.

James Vaughan, the NPCC’s forensics lead, said: “Any case where an individual has been convicted on evidence that is no longer reliable is a huge regret.

“My thoughts go out to those who have been affected by this and we are contacting the relevant lawyers and teams to ensure they are made aware of the findings.

“While the majority of cases are unaffected and results can be relied upon, we acknowledge that this issue will have a knock-on effect for some people.

“It’s absolutely vital that we maintain a robust forensic testing system that provides reliable evidence to the courts.”

The statement said that 4,255 samples have been reviewed of which 2,462 remained negative, the case had already been discontinued, or the trial resulted in a not guilty outcome.

There were 709 samples where the drug in question was found to be above the prescribed drug driving limit and the associated case had already been through the court system and there was no reason to question the test’s outcome.

For current cases within the system, the NPCC said there were 253 samples, and the data review has concluded the results were accurate.

Darryl Preston, who leads the Association of Police and Crime Commissioners’ work on forensics and is the Cambridgeshire police and crime commissioner (PCC), said: “Road safety is a key priority for many PCCs, and forensics play a key role in identifying drink and drug-driving offenders.

“That anyone who was driving under the influence of drink or drugs may have a conviction quashed, or that someone has been wrongfully convicted, is a cause for concern.

“Longer term, this episode has shone a light on the need to ensure the very highest standards of forensic science provision to the criminal justice system and that policing… must access efficient and reliable forensics services providers to ensure justice can be served.”

About Carl Millar

Carl Millar is a highly respected and experienced drink driving solicitor who is the principal of Millars Solicitors.

Carl has been a specialist in road traffic law for many years and represents clients from all walks of life and all over the Country. He is well known for the dogged defending of his clients and robust cross examination of police officers and exert witnesses.

With a wealth of expertise in motoring law Carl is well placed to provide advice over the phone and deal with all road traffic matters in a calm and professional way.

Getting in contact with Carl and Millars Solicitors is really easy. You can call him FREE on 0800 999 5535, or click here to send a confidential message.