Police Probationer Training Programme - Section 4 & 5A - Drink & Drug Driving PDF

OFFICIAL Unit 9 Lesson 10.2...

OFFICIAL Unit 9 Lesson 10.2 Section 4 & 5A, Road Traffic Act 1988 Drink & Drug Driving Learning Aim: The learner will be able to apply the legislation governing driving whilst unfit through drink or drugs Learning Outcomes: Introduction On successful completion of the lesson, students will be able to:- In our society the misuse of drugs is prevalent, their effects on individuals and on 1. State the offence under Section 4 of the the community can be significant. Like the RTA 1988 (pg. 2) offence of driving whilst exceeding the prescribed limit of alcohol, individuals will drive whilst unfit due to consumption of drugs 2. Detail tests and observations required to or alcohol (not above the prescribed limit as be noted when dealing with persons per S5 RTA 1988). suspected of offences under Section 4 RTA 1988 (pg. 5-6) 3. Explain the procedure to be followed at a police station when a person has been arrested in connection with driving whilst unfit through drink or drugs (pg. 7) 4. State the offence under Section 5A of the RTA 1988 (pg. 9-10) 1 th Amended 7 March 2024 v.3 OFFICIAL  OFFICIAL Unit 9 Lesson 10.2 Section 4 & 5A, Road Traffic Act 1988 - Drink & Drug Driving Section 4 RTA 1988 It is an offence for any person to drive or attempt to drive, or be in charge of a mechanically propelled vehicle (e.g. motor vehicle, grass cutter, golf buggy) on a road or other public place whilst unfit through drink or drugs. The main difference between the Section 4 and Section 5 offences is that with Section 4, the prosecution must prove that the accused was:- Unfit to drive, i.e. their ability to drive properly was for the time being impaired, and The impairment was due to drink or drugs. Officers should consider that impairment can be caused by prescribed, controlled and legally held, solvents and substances. For section 5, the accused must be over a prescribed limit, not simply impaired. When dealing with drivers whose ability to drive at the time is impaired it is necessary to consider why this might be the case. On many occasions this impairment will be due to the alcohol or drugs consumed but in others it may be due to other factors like fatigue or illness. Many illnesses and medical conditions, for example, epilepsy and diabetic reactions, can mimic the effect of alcohol or drugs and these should be borne in mind when dealing with a driver suspected of this offence. If in doubt, consider medical attention for the driver whilst keeping this offence in mind. Note:- Depending on the circumstances you may wish to consider having the vehicle checked in case any defect has caused symptoms of drunkenness i.e. inhalation of fumes due to faulty exhaust, faulty steering causing the vehicle to swerve. 2 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 10.2 Section 4 & 5A, Road Traffic Act 1988 - Drink & Drug Driving Activity 1 A1 While on patrol with a colleague, you see a vehicle driving erratically in Middle Drive, Brookbank. You stop the vehicle and you suspect that the driver is under the influence of drugs. What made you come to this conclusion? Please list below. 3 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 10.2 Section 4 & 5A, Road Traffic Act 1988 - Drink & Drug Driving Feedback 1 F1 Important evidence required to prove this offence will come from your observations at the time of the offence. It is essential that you record all relevant evidence in your notebook. You should where appropriate note the following:- Reason for attention being drawn to accused. Distance from vehicle when first observed. Visibility at the locus in relation to the position of the accused’s vehicle. Manner in which vehicle was being driven. Method used to stop vehicle and manner in which vehicle was stopped. The demeanour of the driver and passengers. Driver’s reaction to questions asked. Any smell of alcohol on driver’s breath. Condition of driver’s eyes. i.e. glazed appearance, or dilated pupils. Appearance of driver, tidy or otherwise, signs of vomit or urine. Whether speech slurred. Whether accused staggered or walked deliberately. Memory of recent events. Any complaint of illness or injury. Procedures at Locus 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 apparently impaired, should firstly require the suspect to provide a preliminary breath test. Where a negative breath test is provided, and impairment is still apparent then you may request the attendance of specially trained officers to carry out further tests to determine whether that person is fit to drive. 4 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 10.2 Section 4 & 5A, Road Traffic Act 1988 - Drink & Drug Driving Where the person is driving a mechanically propelled vehicle which is not a motor vehicle i.e. golf buggy or a grass cutter etc., whilst apparently impaired, you cannot request a breath sample. Instead, you should observe the driver and consider and note their behaviours as detailed below. 5 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 10.2 Section 4 & 5A, Road Traffic Act 1988 - Drink & Drug Driving Preliminary Impairment Test and Preliminary Drug Tests Section 6B RTA 1988 provides that a preliminary impairment test can be conducted by a Constable observing the driver in the completion of tasks or by observing the driver. Section 6C RTA 1988 allows a Constable to take a sample of sweat or saliva to test. This allows the use of an approved device (e.g. drugwipe) to test for specified drugs namely cannabis and cocaine. These preliminary tests can only be carried out by trained and authorised officers. Therefore, where impairment other than alcohol is suspected, officers should request a specially trained officer who will usually be part of the road policing unit. If there are no specially trained officers available then you should use your own judgement, based on evidence you have gathered to decide whether the person is unfit to drive ensuring that all evidence and circumstances are fully and accurately recorded. Offence It is an offence to refuse to take the tests without a reasonable excuse. Power of Arrest A Constable may arrest a person without warrant if they have reasonable cause to suspect that the person is or has been committing an offence. In every case where there is impairment the driver should be arrested under the Criminal Justice (Scotland) Act 2016 (CJ(S)A) as ‘not officially accused’ for S4 RTA 1988. As with the breath test there is a power of arrest attached to the preliminary impairment tests if the person fails the set tests or if they refuse to take them (but only if it is clear they are impaired). 6 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 10.2 Section 4 & 5A, Road Traffic Act 1988 - Drink & Drug Driving Station Procedure Station procedure relating to Section 4 offences is similar to that of the Section 5 offence. The procedure is carried out using step by step explanatory forms. At the police station a person arrested for a Section 4 offence is required to provide a:- specimen of breath or a sample of blood or urine for analysis. Police must use a machine for carrying out breath analysis, unless it is not available, or accused has a reasonable excuse for refusing to provide a sample of breath. Note:- In addition, if there is a suspicion that only drugs are affecting the person, then no breath specimen is required. At the police station, the police ought to specifically ask the accused’s consent to this examination and tests by a police doctor, and it should be made clear that the result of the examination and tests may be used in evidence and that they are not compelled to submit. The accused should further be informed of their right to summon a doctor of their own choosing and afforded facilities for so doing. If the accused consents to medical examination, the police doctor’s examination should not be delayed until the other doctor is present. The police may also require blood or urine if the doctor advises that the accused's condition may be due to drugs. The doctor in the presence of the police, obtain the accused’s consent before commencing the medical examination and tests, or taking a specimen of blood. The examination and tests should normally proceed out with the presence of police officers, but this does not apply in regard to the taking of specimens, which should be taken only when a police officer is present, for evidential purposes. In cases where consent to medical examination has been withheld, the fact of such refusal can be used in evidence, but the Police Doctor, if summoned, should confine themselves to observations, without examination or test. 7 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 10.2 Section 4 & 5A, Road Traffic Act 1988 - Drink & Drug Driving Hospital Procedure When a person suspected of a Section 4 or 5 offence is admitted to hospital a different procedure must be carried out, both in relation to breath tests and specimens for analysis. (These are the same as a Section 5 Offence). The following three main differences apply to the procedures at hospital:- 1. At hospital, the suspect is the responsibility of the doctor in charge. The investigating officer must inform this doctor of their intention to make all requirements in respect of the patient. The doctor in charge may object to any one of the requirements or requests, on the grounds that it may be prejudicial to the proper care or treatment of the patient. 2. The patient in hospital cannot be arrested under Section 6 of the Act. 3. Because breath analysis machines are not available at hospitals, blood or urine are the only alternatives for analysis. Provided that these three differences are taken into account, the procedures are similar to that used at the locus and police station. There are step by step self-explanatory forms relating to hospital procedure. Key Information KI Other Forms of Transport This lesson note has focused exclusively on road users. You should, however, be aware that other forms of transport now have similar provisions in place. The railway, shipping and aviation industries have been consolidated under the Railways and Transport Safety Act 2003. This piece of legislation contains similar testing procedures and prescribed limits for those working in these fields. 8 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 10.2 Section 4 & 5A, Road Traffic Act 1988 - Drink & Drug Driving Section 5A of the Road Traffic Act 1988 While Section 4 of the Road Traffic Act 1988 concerns a person who is unfit through drink or drugs, Section 5A creates an offence relating to drug consumption exceeding specified limits. This applies to those who do not appear unfit to drive, and display no visible signs of impairment. Your suspicions may come from intelligence or evidence of drugs misuse within the vehicle etc. Section 5A of the Road Traffic Act 1988 creates an offence of, driving, attempting to drive or being in charge of a motor vehicle on a road or other public place with a specified drug in their system, above the specific limit for that drug. These limits are set for the drugs content within blood only. The regulations specify 17 drugs, some illicit, some medicinal, each with a specified limit (Appendix A). A driver who exceeds those limits, regardless of their fitness to drive, commits a Section 5A offence. It follows a similar approach and process as that of Section 5 in its requirement for specimens (Saliva) and the power of arrest all being contained in Section 6 of the Act. The word alcohol being replaced with drug in the requirement. The drugwipe test can only identify Cannabis or Cocaine. If a drugwipe test result is negative then the procedure must end there regardless of suspicion surrounding any of the other specified drugs. If there is any sign of impairment, procedure for Section 4 must follow. If blood samples taken through that process identify any of the specified 17 drugs and limits for those are exceeded then the accused may be reported for contravention of Section 5A. (See Appendix A) Examples:- This offence could arise during a vehicle stop or Road Traffic Collision where a smell of cannabis or other signs of drug use are detected but the driver does not show signs of visible impairment however there is a suspicion they are driving under the influence. This may also be the case for other drugs that affect the behaviour of a person but not produce obvious impairment, cocaine for example will affect behaviour and again judgment but may have little physical impairment. It could equally be disclosed during enquiries that the driver is on prescription medication that could have affected their driving and although they do not appear unfit their judgment, reaction time etc. could have been affected. 9 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 10.2 Section 4 & 5A, Road Traffic Act 1988 - Drink & Drug Driving As with the Preliminary Impairment Testing for Section 4, Section 5A requires specially trained officers to conduct the Preliminary Drug Test with approved screening devices. Officers who believe they are dealing with offences involving Sections 5A RTA 1988 should request these officer to attend and conduct the tests. Positive roadside drug screening empowers officers to not only arrest a suspected drug driver, but to make a requirement to provide a blood sample. There is no requirement following a Section 5A arrest, to have a doctor give opinion on a person’s condition, therefore an appropriately trained nurse may obtain that blood sample. Following the result of any test by specially trained officers, guidance will be given as to how to progress the enquiry and report the findings when necessary. 10 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 10.2 Section 4 & 5A, Road Traffic Act 1988 - Drink & Drug Driving Appendix A Controlled drug Limit (microgrammes per litre of blood) Amphetamine 250ug Benzoylecgonine 50ug Clonazepam 50ug Cocaine 10ug Delta-9-Tetrahydrocannabinol 2ug Diazepam 550ug Flunitrazepam 300ug Ketamine 20ug Lorazepam 100ug Lysergic Acid Diethylamide 1ug Methadone 500ug Methylamphetamine 10ug Methylenedioxymethamphetamine 10ug 6-Monoacetylmorphine 5ug Morphine 80ug Oxazepam 300ug Temazepam 1000ug 11 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 10.2 Section 4 & 5A, Road Traffic Act 1988 - Drink & Drug Driving For further information, use the resources shown below:- Legal Database:- Road Traffic Law - Legislation - Road Traffic Act 1988 - Part I - Motor Vehicles: Drink and Drugs Review: You can state the offence under Section 4 of the RTA 1988 You can detail tests and observations required to be noted when dealing with persons suspected of offences under Section 4 of the RTA 1988 You can explain the procedure to be followed at a police station when a person has been arrested in connection with driving whilst unfit through drink or drugs You can state the offence under Section 5A of the RTA 1988 12 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 10.2 Section 4 & 5A, Road Traffic Act 1988 - Drink & Drug Driving Learning Log: How will what you have learned in this module impact your day-to- day role? Are there any skills or knowledge you would like to develop further following this module? End of Module 13 Road Policing OFFICIAL  OFFICIAL Unit 9 Lesson 10.2 Section 4 & 5A, Road Traffic Act 1988 - Drink & Drug Driving 14 Road Policing OFFICIAL