ROADSIDE drug tests which can detect cannabis and cocaine in minutes could be introduced as part of an overhaul of Jersey’s more than 60-year-old traffic laws.
Head of roads policing, Inspector Callum O’Connor, is currently overseeing a long-term review of the 1956 Road Traffic (Jersey) Law – in conjunction with government officers – so that it can be updated to ‘tackle issues in the current climate’.
Recommendations stemming from the review will ultimately be signed-off by police chief Robin Smith, before being presented to the States Assembly and – if approved – drafted into law.
Insp O’Connor said that one area being looked at was the ability to carry out a roadside drugs test – something that was introduced in the UK in 2015.
‘The use of drugs now across the Island has been prevalent for a number of years,’ he said, noting that cannabis could also now be legally prescribed for medicinal use.
‘We are at times seeing people in a vehicle where they have either been using medicinal cannabis, or drivers who are under the influence of cannabis, which is against the guidance issued by the prescribing practices.’
He explained that local officers had the power to arrest someone for being unfit at the roadside, but would not be able to test for drugs until the person had been brought back to the police station.
‘Let’s say, for example, we stop someone for weaving on the road, going across a reservation and failing to stop at a traffic light. They have committed numerous road-traffic offences – enough for us to request a sample of breath from that driver.
‘If that sample of breath comes back as a pass, indicating that they have no alcohol in their breath – but the officer notices the driver is unsteady on their feet, their eyes are glazed and they are slurring their speech – they may make the assessment that the person is suspected of being unfit through either drink or drugs,’ he said.
‘As we [currently] can’t do the test at the roadside, someone has to be arrested for being unfit for us to then confirm or negate if they have drugs in their system,’ he added.
He said that the procedure being sought would take the form of a saliva-based testing device.
‘We are in a position where we want to seriously look at this and then implement this into law – but there are some conversations to be had about how we go about that.
‘It’s very similar to how we request a roadside breath sample and there will also be an offence for failing to provide, so if someone fails to provide they are arrested for that offence and then requested to provide again at the police station,’ he added.
He explained that the type of saliva test would depend on the company that manufactured the chosen device. This includes factors such as the length of time it would need to be held in the mouth or the amount of saliva required.
‘Similar to the roadside drink-testing devices we use at the moment – which indicate if there is alcohol in a person’s system – it will indicate if there are drugs in their system but it won’t give you an evidential number,’ he added.
He said the force was also researching the possibility of improving drug-testing machinery available at the station, with current samples facing a six-week wait time via the States’ analyst.
‘I am aware of machines that can turn around a sample in 24 hours,’ he added.
Additionally, he said the force was exploring the need to have set limits regarding the prosecution of drivers with drugs in their system, as this is not currently the case. An expert witness may even be needed to help interpret whether the individual was ‘unfit’ to drive at the time.
‘The drink-drive limits have prescribed numbers [in alcohol levels] in breath, urine and blood which are all under the 1956 Road Traffic (Jersey) Law, and we want to get to the same position with drugs,’ Insp O’Connor said.
In Australia, the government has adopted a ‘zero tolerance’ policy, with drivers liable to be penalised for any trace of a relevant drug. Depending on the charge, a magistrate may disqualify the individual from driving for between one and nine months, fine them up to $2,012 or impose a maximum term of imprisonment of up to three months.
