Understanding the MGDDB Procedure in Drug Driving Cases
Drug driving offences can have serious consequences, but it’s important to remember that not every prosecution is guaranteed to result in a conviction. One crucial factor that could make or break a case is the MGDDB booklet (Manual of Guidance For Drink and Drug Driving). This is a?legal document that outlines the correct procedures for taking a blood sample from someone suspected of drug driving.
In this blog we’ll explore:
Alternatively, you can watch our video on YouTube (linked below) if you'd prefer to listen to our senior solicitor Conor Johnstone discussing this issue.?
What is the MGDDB Booklet and Why Does it Matter?
The MGDDB booklet is a procedural guide that police officers must follow when taking a blood sample from a driver suspected of drug driving. If this procedure is not followed correctly, the blood sample could be deemed inadmissible in court. In such cases, the prosecution may not have sufficient evidence to secure a conviction, especially when drug driving is prosecuted based solely on the levels of substances in the driver’s blood.
The MGDDB is often prone to errors, particularly when less experienced officers are involved. These errors could range from improper documentation to procedural mistakes that violate an individual’s rights. That’s why it’s essential for individuals facing drug driving charges to consult a specialist solicitor who can review the document and identify any mistakes that might invalidate the evidence.
Key Aspects of the MGDDB Process
The MGDDB booklet is a comprehensive guide that covers multiple stages in the blood testing process, from the initial drug test to the final documentation of the sample’s chain of custody. Below, we dive deeper into the key sections of the MGDDB and why they are critical for ensuring a fair and lawful process. You can view the full MGDDB document here.?
1. Preliminary Testing: The Roadside Swab Test
The first step in the process is to establish reasonable suspicion for drug driving. This is usually done through a preliminary drug test, often in the form of a roadside swab test. This test allows officers to detect the presence of drugs in the driver’s system before proceeding with more invasive procedures.
The MGDDB booklet requires the officer to record this initial test in Section B16. If the officer fails to conduct this preliminary test or does not properly document the results, this can raise serious doubts about the legitimacy of the subsequent blood test. The officer must also identify the specific charge—whether it’s drug driving under Section 5a of the Road Traffic Act, or driving while unfit under Section 4.
Failure to correctly record or conduct the preliminary test may provide a strong defence against the charges, as it could undermine the foundation of the prosecution’s case.
2. Explanation of Rights: A Crucial Step
One of the key elements of the MGDDB booklet is ensuring the accused understands their rights before consenting to a blood sample. This is documented in Section B21, where the officer must explain that providing a blood sample is entirely voluntary.
Unlike non-intimate samples like fingerprints, a blood sample is considered an intimate sample. This means the driver cannot be forced to give blood; they must give consent freely. Section B21 outlines that the officer must inform the individual of the potential consequences of refusing a blood sample.
For example, refusing the sample could result in an arrest or additional legal consequences, but the officer must make it clear that the individual has the right to refuse without facing physical coercion.
This step is especially important because any failure to fully inform the individual of their rights could result in the blood sample being deemed invalid in court. If the officer does not fully explain the consequences of refusal, or if the consent is not properly recorded, it can open the door for a legal challenge.
3. Consent for the Blood Sample: Presence of a Medical Practitioner
The next crucial step in the process is obtaining valid consent from the individual to take a blood sample. According to Section B7?of the MGDDB, this consent must be obtained in the presence of a medical practitioner, usually a nurse or doctor.
If consent is obtained outside this context—say, if the officer asks for consent without the presence of a medical professional—the entire procedure could be invalidated. This provision exists to ensure that the individual understands the medical implications of giving a blood sample and that the process is carried out safely and correctly.
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Additionally, it’s important that the individual is aware that they can request a second opinion or sample from another medical professional, though this may involve additional time and logistical coordination.
4. Collection of the Blood Sample: Proper Procedure
Once consent is obtained, Section B10?of the MGDDB ensures that the officer collects the blood sample properly. The blood must be divided into two separate vials, one of which is given to the individual for their personal records. The vials must be properly labelled, stored, and transported to ensure their integrity throughout the process.
This section also underscores the need for proper medical procedures when drawing the blood sample. The officer must ensure that the sample is drawn in a clean and controlled environment to minimise the risk of contamination or procedural error.
5. Continuity of Evidence: Chain of Custody
A critical aspect of any legal case involving physical evidence is ensuring that the evidence is handled properly and remains unaltered. This is referred to as the continuity of evidence, and it is documented in Section B12?of the MGDDB.
This section outlines the procedure for documenting the chain of custody, from the moment the blood sample is collected to when it is analysed in the lab. The officer must ensure that each transfer of the sample—whether it’s from the individual to the medical professional, from the medical professional to the lab, or from the lab to the court—is properly recorded and verifiable.
If any part of this chain is broken, or if there is any doubt about the handling of the sample, the defence could argue that the evidence is inadmissible in court. A broken chain of custody could result in the case being dismissed outright, even if the sample was validly taken and tested.
6. Final Steps: Documentation and Release
After the blood sample is collected and the continuity of evidence is ensured, the officer must finalise the MGDDB form. The individual may then be released or detained depending on the circumstances. If the test results show evidence of impairment, the person may be detained or arrested. However, it’s important to note that in many drug driving cases, prosecutions are based on exceeding legal limits of specific drugs in the blood, rather than impairment.
If the blood sample shows that the individual has levels of a controlled substance above the legal limit, the case may proceed to court. However, if the officer has made errors at any stage of the process—whether in preliminary testing, consent, or evidence handling—those errors could be grounds for dismissal or reduced charges.
Why Consulting a Specialist Solicitor is Crucial
As we have pointed out in this article, even minor errors in completing the MGDDB booklet can have significant consequences. Less experienced officers may fail to follow the procedures correctly, making it essential for individuals facing drug driving charges to seek the help of an experienced solicitor. A solicitor can review the MGDDB form in detail, spot any inconsistencies or procedural mistakes, and use that information to challenge the evidence in court.
Drug driving prosecutions can be complex, but with the right legal representation, you can ensure that your rights are protected, and that the police follow the correct procedures.
NEXT STEPS: Free Legal Advice from M.A.J Law
M.A.J Law are a specialist team driving defence solicitors. We believe that every motorist has the right to independent legal advice. For that reason, we offer every motorist free specialist initial advice no matter what your circumstances.
If you’re facing drug driving charges, consulting with a specialist solicitor is essential to protect your rights and ensure that the proper legal procedures are followed. Call one of our specialists today on 0151 422 8020.?