|
Cannabis Campaigners' Guide News Database result:
|
|
UK: Line between possession and supply
Lucy Wilkins BBC Online
Friday 14 Oct 2005 A quick phone call to arrange an order, a brief rendezvous in a shop where they greet each other like friends, followed by casual yet concealed exchange of drugs for money. So goes a common scenario for people buying drugs from a dealer to use out clubbing, at parties, at home with their friends. If caught with drugs by police, there is a big difference between being charged with possession and being charged with supply. The former can mean up to seven years in jail if convicted but the maximum sentence for supplying Class A drugs is life. At present, there is no threshold for how much constitutes supply and how much could be for personal use, but that will change as part of the government's crackdown on drugs. Under changes in the Drugs Act 2005, people caught by police with a certain quantity of drugs - the exact amount is yet to be decided - will be automatically presumed to be supplying, rather than the lesser charge of possession. The threat of life imprisonment is intended to act as a deterrent for those glibly continuing to buy drugs for themselves and their friends. Buying for friends For those who consider themselves recreational drug users, getting a few pills or an gram of coke often involves asking a mate, rather than approaching a dealer themselves. "If we're all going out partying together, it doesn't make sense for each of us to sort ourselves out individually," says Jonathan, who frequently gets ecstasy and cocaine for himself and a couple of his friends. --- DRUGS ACT 2005 Creates new presumption of intent to supply if found to be in possession of a certain quantity of controlled drugs "Certain quantity" not yet decided Pressure groups worried it will shift burden of proof to defence --- Jonathan started buying drugs from a dealer about four years ago, a step up from buying from friends, and usually spends about UKP350 per deal - cocaine being UKP50 a wrap and pills UKP3 each. "Because the dealer operates close to where I work, it makes sense for me to do it. "I have a number of friends who, while they enjoy taking drugs occasionally, aren't keen on meeting a dealer, and so I can bridge that gap for them." By doing this, in the eyes of the law he is already a supplier, but independent drugs charity DrugScope said he may be under the illusion that he is not. "Because people buying for friends don't consider themselves to be dealers, they are often unaware of the risk, but under current law they could still be charged," said spokeswoman Petra Maxwell. Quantity threshold With an estimated million people between the ages of 16 and 59 admitting to having used Class A drugs in the previous year, according to the British Crime Survey 2003/04, that could be a lot of unwitting suppliers walking round. Furthermore, the Drugs Act 2005 states that "if it is proved that the accused had an amount of a controlled drug in his possession which is not less than the prescribed amount, the court or jury must assume that he had the drug in his possession with the intent to supply". The Home Office said the "prescribed amount" was still to be set, with consultation planned to begin by the end of 2005, and a final consideration by the Advisory Council on the Misuse of Drugs. The council includes experts from various organisations, including police, toxicologists and education experts. "It's something of a logistical and practical nightmare in defining the threshold - it's difficult to draw the line between personal use and supply," said Ms Maxwell. She highlighted the situation in Portugal where possession is decriminalised, but dealers have cunningly started carrying amounts just below the quantity that qualifies as supply. 'Burden of proof' Drug campaign organisation Release said the changes in the Drugs Act 2005 relating to supply were "unnecessary and unworkable". Under the Act, says Release, the burden of proof will shift from the prosecution to the defence - a situation that the pressure group believes should be considered in the context of the Human Rights Act which enshrines a person's right to be presumed innocent until proven guilty. The complex calculation of how much could be used for supply also depends on the facts of individual cases and expert advice, Release said. "The process of arriving at a formula for this, in relation to a huge range of substances and widely varying patterns of use, seems an impossibly unscientific task." Jonathan says he is aware of the risks of buying drugs, and has on occasion called off a meeting with his dealer because he feels something is amiss. "I always feel that what I'm doing is risky, and I'm aware there is a chance of us being caught. There's an enormous sense of relief when the deal is done and I am out of the area." The government is hoping the increased punishment will deter him even further.
After you have finished reading this article you can click here to go back.
|
This page was created by the Cannabis Campaigners' Guide.
Feel free to link to this page!