I attended Staines Magistrates’ Court this month. My client was charged with drug/driving. It is an offence under the Road Traffic Act 1988, s5A. The legislation came into force in March 2015.

This is a ‘strict liability’ offence; meaning that intent or mental state does not need to be proved. The offence is committed when a specified limit of a drug has been exceeded.

The limits for illegal drug under the Act are in line with zero tolerance but allow for accidental exposure. This approach is different from setting the alcohol limit in drink/drive cases. In drink drive cases, the limit is set at a level that would impair drivers’ ability.

Cannabis is measured in the form of Deta-9-tetrahydrocannibinol. The unlawful amount is 2 micrograms, which is a unit of mass equal to two millionths of a gram!

This offence is only dealt with in the Magistrates’ Court and has a maximum sentence of 6 months imprisonment and/or an unlimited fine. A minimum period of 12 months disqualification will follow a conviction. Being found in charge, which is different to driving, attracts a lesser sentence.

Andrew Henley is a direct access barrister who appears at Staines Magistrates’ Courts to represent clients for these type of offences.