Guidance

Regulator’s notification 04-2024: consultation: ‘s5A drug-driving’ FSA-specific requirements (accessible)

Published 20 September 2024

Issue

This Forensic Science Regulator notification has been issued to inform the forensic science community and the criminal justice system about the consultation on the proposed changes to the FSA-specific requirements for FSA DTN-102: Toxicology: analyses for drugs in relation to s5A of the Road Traffic Act 1988.

Background

The FSR’s statutory Code of Practice incorporated the analytical approach as detailed in FSR-C133 into the Code as FSA-specific requirements for DTN-102. When Version 1 of the FSR’s Code of Practice was consulted upon significant comment was received on these requirements. As a result the FSR established a working group to review the analytical requirements and advise the FSR on the approach. The updated requirements have been drafted by the working group comprising representatives from forensic science providers, independent practice, defence work, the Chartered Society of Forensic Sciences and UKAS. The Regulator would like to thank the members of the s5A working group for their work on this over the past year. The intention is for the updated requirements to be incorporated into Version 2 of the Code, following this consultation.

Description of Notification/ Changes

The updated requirements include refreshing the introductory paragraphs now that the requirements sit within the Code of Practice; clarity and removal of ambiguity in the analytical requirements: including acceptable quality control samples and calibration curves, manual integration and ion ratios for mass spectrometry methods; clarity on the use of whole blood, and internal standard responses; clarity on the use of the standard deviation and rounding to reach the final reported figure.

Process and Date of Implementation

The Forensic Science Regulator seeks comments from those carrying out FSA DTN-102, on the FSR’s intention to incorporate changes to the Code under the FSA-specific requirements for the toxicology analyses of s5A drug driving blood samples.

The consultation can be found here: https://www.gov.uk/gov.uk/government/consultations/section-5a-drug-driving-revised-fsa-specific-requirements

Comments should be returned via email to FSREnquiries@forensicscienceregulator.gov.uk, by 11th October 2024.

Mr Gary Pugh OBE

20 September 2024