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UK: Review of cannabis laws as drug-fuelled violence spirals

James Slack and Tom Kelly

Daily Mail

Thursday 05 Oct 2006

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Controversial rules which tell police not to arrest cannabis smokers could
be torn-up, it emerged last night.

The re-think comes after the 'softly, softly' approach was blamed for a
senseless murder and an increase in hard drug abuse.

The Government and police chiefs have steadfastly defended the decision to
downgrade the drug from Class B to Class C in January 2004.

But the Association of Chief Police Officers has now begun an official
review of guidelines which state there should be a 'presumption against
arrest' of users.

It is under enormous pressure to change its position, not least from the
threat of a High Court challenge.

Reverend George Hargreaves has lodged papers at the High Court today
demanding a U-turn.

The senior church figure, an advisor to the Metropolitan Police, is backed
by a UKP30,000 fighting fund and has vowed to secure victory.

Acpo officials said no decision had been reached, and new guidance would
not be produced until later this year.

But campaigners, led by Rev Hargreaves, hope the court threat will prove
decisive.

He will be backed by evidence linking strong skunk forms of the drug to
schizophrenia.

Earlier this week, the pastor blamed skunk for the mindless murder of
Nyembo-Ya-Muteba by a gang of thugs.

He believes they were driven to kill the 40-year-old father of two after
smoking skunk for most of the day last Sunday.

Acpo's Cannabis Enforcement Guidance, issued in September 2003 ahead of
the law changing in January 2004, said there should be 'a presumption
against arrest' for those found in possession of the drug.

It said in most cases a police warning and confiscation would be
sufficient.

Rev Hargreaves, who sits on two Metropolitan police panels, said this
approach had led to a surge in youths smoking strong skunk cannabis that
was turning many into dangerous 'schizophrenics.'

He added: 'This guidance must be reversed. The only way to crackdown on
the problem is to return to arresting and prosecuting people carrying even
small amount of cannabis.'

'At the moment most dealers will only carry enough for personal use, so
that they are not arrested or charged if caught by a police officer. They
keep the stash hidden at home or elsewhere.'

'This court action not just some publicity stunt. I have spoken to the
lawyers and they believe we have a very strong case.The police cannot
simply chose not to enforce the law.'

He said a private sponsor, who wants to remain anonymous, has provided
around UKP30,000 for the legal challenge, although this could go up to
UKP100,000.

There is no suggestion of cannabis being re-classified back to class B,
after the Government ruled out such a move.

But Acpo has it in its power to advise police officers on how to interpret
this change.

It could say that, despite cannabis being Class C, the presumption should
now once again be in favour of an arrest being made.

Mary Brett, a spokesman for the Europe Against Drugs, said Acpo's review
should return cannabis to an arrestable crime.

She added: 'What are the police waiting for? Since they talked about
downgrading cannabis, admissions to mental health units have increased by
forty per cent.'

'There has also been an increase in the number of users, despite the
Government's denials, and there is also the awful violence.'

'People smoking the drug can very quickly become psychotic. The police
should get on and make the decision now.'

Prior to re-classification, critics warned it would lead to a surge in
drug abuse by sending out the message taking illegal substances was OK.

This has since been confirmed by a leaked report by the Downing Street
strategy unit, which said: 'Recent changes to the law have increased the
number of people taking cannabis.

'The amount of hard-drug abuse has also increased. Although more research
is needed, it appears the two rises are connected.'

A Met Police document, released last month, laid bare the extent of the
police's reluctance under the current Acpo guidelines to take firm action
against cannabis users.

Only 15 per cent of people caught with the drug are being charged with a
crime since the January 2004 law change.

The rest were given either a caution or - in a staggering 67 per cent of
cases - a simple warning.

The Met's report declared the soft policy a 'success.'

In an astonishing admission, it said letting-off more than 30,000 drug
takers with a warning was good for 'police/public relations.'

By not bothering to arrest the criminals, officers were having a 'positive
effect in reducing friction between young people and the police.'

A spokesman for Acpo said the review followed a change in the law earlier
this year, which makes all crimes - from litter dropping to murder - an
arrestable crime.

Police have discretion over who to arrest.

Acpo said its guidelines needed revising in light of this law change. He
added officers already have discretion over how to act, and are told to
take firm action against 'vulnerable' users, such as young people.

 

 

 

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