Pubdate: Thu, 05 Sep 2002
Source: Daily Telegraph (UK)
Copyright: 2002 Telegraph Group Limited
Contact:  http://www.telegraph.co.uk/
Details: http://www.mapinc.org/media/114
Author: John Steele, Crime Correspondent
Bookmark: http://www.mapinc.org/find?207 (Cannabis - United Kingdom)

CANNABIS USERS TO GET TWO CHANCES BEFORE BEING ARRESTED

Police will arrest people for possession of cannabis only if they are caught
with the drug three times in a year, according to new guidelines for
officers.

The first two occasions will result in a formal warning and confiscation of
the cannabis. However, refusal to hand over the cannabis in an encounter
that might warrant a warning will result in an arrest.

Formal warnings do not go down on criminal records but an arrest is likely
to lead to a caution or a court appearance. Cautions and convictions leave
the individual with a criminal record.

Andy Hayman, an assistant chief constable of the Metropolitan Police and
spokesman on drugs for the Association of Chief Police Officers (Acpo), said
yesterday that the success of the policy of arresting on the third occasion
that a person has been found in possession depended on accurate police
records.

"The whole of this process could be undermined if forces have not got
accurate records of formal warnings." The policy will apply only to the
offence of possession of the drug.

Police will still be free to arrest people for any criminal acts they might
commit, such as criminal damage, while possessing cannabis. Rank-and-file
officers have warned that they could lose the ability to deal with minor
crimes if they cannot arrest habitual cannabis users who may commit other
offences.

The guidelines, which will be outlined at an Acpo conference that opened in
Blackpool yesterday, are part of police attempts to find a policy of law
enforcement on cannabis after it is downgraded from a Class B to a Class C
drug next year. In effect, they will formalise the pragmatic approach taken
by many patrol officers in recent years.

Senior officers want to reduce the amount of police time spent on dealing
with cannabis possession cases but want to retain powers to detain in cases
where cannabis is linked to other criminality.

Class C drugs do not normally carry powers of arrest. But the Government,
meeting police concerns about the loss of arrest powers on cannabis, will
legislate for new powers to arrest for possession in certain aggravated
circumstances and bring the users before the courts.

The Acpo guidelines mean that being stopped in possession three times will
become an aggravating factor. The second aggravating factor will be refusal
to hand over the drugs. The revised stance will come into effect by next
July once the Home Secretary, David Blunkett, reclassifies the drug and
pushes through legislation.

Mr Hayman said: "Part of our guidelines will be to give some clarity to
officers on the street. It's about creating a level playing field, so people
in communities around the country know they are being treated fairly.

"What we will want to do, given the priority that cannabis is now going to
achieve through reclassification, is to say to people that if you get caught
with possession, in the first instance you'll get a verbal warning."

Second instance we'll be fairly tolerant and say that a second warning is
acceptable. But on a third occasion I think it's then appropriate for people
to be arrested and other sanctions to be considered.

"The Home Office minister Bob Ainsworth told the Acpo conference: "Under the
new classification, cannabis possession will be policed in a way that is not
resource-intensive." He added that it was important that children and young
people did not receive a mixed message on drugs.

"Cannabis is harmful. They should not take it. It is not legal. But it is
not like heroin or cocaine and unless we have that credible differentiating
message we will not be able to get the message to young people."
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