This policy, according to Bill Potts, a director of Potts Layers, Queensland largest criminal defense law firm, is exposed to legal quandaries on the matter. He further said that the schools could become an aid to police in gathering evidence. This, according to him exposes the school to involuntarily aid the police to stop drug use in its students.
Potts also feared that the school authorities who wish to implement the policy have not fully thought of the legal complexities adjoining it. Questions as to whether or not the school must notify the police once they got an evidence of drug use; whether the school becomes evidence gatherer for the police; and whether the school becomes liable if it fails to report the matter to the police may arise. According to Potts, it is even an offense for a person to procure illegal drugs for his own use.
He also said that parents naturally will oppose this policy once their children are accused of using illegal drugs. These are the complexities that the school might dwell into once this policy is implemented.
Potts also commented that the school might change its role as educator to evidence gatherer for the police.
According to him, drugs left in the system could be traced within weeks from use. Thus, marijuana smoked a month ago could still be detected in a random drug test in school weeks later. However, said drug test result could not competently prove that the child used illegal drugs or were just exposed to drug use.
Potts said, “A shared joint on Saturday night could show up in a school test days laer. Should the student be expelled for that? Should police be involved? The school authorities need to stop and think this whole thing through.”
“There’s a fear students could find themselves dragged into police investigations and be traumatized in the process” he added.
Potts also confirmed that even if TSS intended to have the drug tests be processed in a pathology center, the results could then become part of police evidence. The eventuality that the police will be involved in the case is a great risk.
Potts alleged that he does not condone drug use and that illegal drugs in schools should be dealt with seriously, however, he also stressed that when the school subjects its pupils to random drug tests, it is unavoidable that it will venture into an unknown province.
He also asked, “Does the school even have a legal right to do random drug tests? Were the parents consulted and have a voice on its implementation? Did the parents consent to their children being subjected to drug tests?” These, according to Potts, are just but a few of the legal potholes of the policy.
Potts suggests that school authorities must thoroughly think of the consequences of implementing said policy and to prepare for a legal backlash and unpopular support of the parents.
This article should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers
Disclaimer : This article is just a summary of the subject matter being discussed and should not be regarded as a comprehensive legal advice for you to defend yourself alone. If you are charged with criminal offences, it is recommended that you seek legal assistance from criminal lawyers.