Are you facing drug driving charges in the UK despite being medically prescribed a drug? Understanding the statutory “medical defence” outlined in section 5A(3) of the Road Traffic Act 1988 could be crucial to your case.
What is the Statutory Medical Defence?
In the UK, it is illegal to drive with certain drugs in your system above specified limits. However, if you’ve been medically prescribed a drug (including cannabis) and charged with drug driving, the statutory defence might apply.
The Key Elements of the Defence
According to section 5A(3) of the Road Traffic Act 1988, the defence requires you to show:
(a) the specified controlled drug had been prescribed or supplied to D for medical or dental purposes,
(b) D took the drug in accordance with any directions given by the person by whom the drug was prescribed or supplied, and with any accompanying instructions (so far as consistent with any such directions) given by the manufacturer or distributor of the drug, and
(c) D’s possession of the drug immediately before taking it was not unlawful under section 5(1) of the Misuse of Drugs Act 1971 (restriction of possession of controlled drugs) because of an exemption in regulations made under section 7 of that Act (authorisation of activities otherwise unlawful under foregoing provisions).
Building a Successful Defence
To succeed with this defence, you need to provide evidence that:
- The drugs in your bloodstream were medically prescribed.
- You followed the prescribed directions and any accompanying instructions.
- Your possession of the drug was lawful under the Misuse of Drugs Act 1971.
It is also recommended to securely store and transport the drugs in their original packaging or in a container identifying them as prescribed medication so that if you are stopped by police this will be clear to them if they conduct a search.
Proactive Steps for a Strong Defence
As per section 5A(5) of the Road Traffic Act 1988, our defence team must gather sufficient evidence to raise the issue at trial. Once raised, the court assumes the defence is satisfied unless the prosecution proves otherwise beyond a reasonable doubt.
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