Almost 500 drug driving toxicology results are under review following claims that Randox Testing Services manipulated test results. Randox Testing Services said the manipulation was of quality control data supporting the test results, rather than the samples themselves. Two staff members have been arrested by Greater Manchester Police as part of the criminal inquiry into a substantial “quality failure”.
If you have been convicted based on results provided by Randox Testing Services, you may have an automatic right of appeal against your conviction.
A month before the Randox Testing Services scandal came to light, M.A.J. Law obtained a report from an independent forensic toxicologist who had serious concerns about the methods of analysis employed by RTS.
The independent report describes the issue as a ‘data anomaly’ that relates specifically to the calibration range used by RTS when analysing THC (the psychoactive element in Marijuana). Until the investigation is complete as to how this has occurred it is not known how widespread this issue might be.
Appeal against a drug driving conviction – Randox Testing Services
Police Forces around the country will now determine which drug driving blood cases involved ‘compromised’ data. This information should be passed onto the CPS who have a duty to reopen the case. It is likely that any conviction based on inaccurate data will be quashed (unless the sample still exists and can be reanalysed).
However, you do not have to wait until the police finish their enquiries. You may have an automatic right of appeal against your conviction immediately. It is your right to know whether the results provided in your case were accurate or whether a miscarriage of justice has taken place. You may also be entitled to compensation if you have been wrongly convicted.
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