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UK: Police enforce 'chaotic' drug laws on whim

Robert Mendick

Independent on Sunday

Sunday 13 Jan 2002

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The Government's drug advisers last night called on the Home Office to
modernise drugs laws ahead of a new report highlighting the haphazard
way they are applied.

The call comes amid increasing evidence that policing of Britain's drug
laws is in disarray - based more upon the whims of local police chiefs
than the statute book.

New research published in the spring by the Joseph Rowntree Foundation,
the UK's largest social research charity, will highlight the hit-or-miss
approach to drug enforcement taken by the police.

According to latest figures, 60 per cent of drug offenders in
Warwickshire escape with a caution, while only 18 per cent of those
living in Durham will get the same lenient treatment.

The variations up and down the country and even within forces are huge.
In some parts of London cannabis use is pursued vigorously, while in
Lambeth, south London, offenders are not even cautioned. Cannabis users
caught on Brixton's streets now receive no more than a formal warning,
its liberal police chief Commander Brian Paddick anxious not to waste
police hours on trivial drugs offences.

The picture has been muddied further by a series of submissions to the
Home Affairs Select Committee which have revealed a huge gulf in opinion
between police officers on the ground and their superiors. The Police
Federation, which represents rank and file officers, said "the siren
calls for decriminalisation and legalisation are not cries for reality,
they are the voice of surrender and despair". Meanwhile, Richard
Brunstrom, chief constable of North Wales Police, last month suggested
the only way to win the war on all drugs might be to legalise them,
comparing Britain's policy outlawing the sale and possession of illegal
drugs to that of alcohol prohibition in 1920s America.

The findings of the Joseph Rowntree Foundation report will add further
fuel to the belief that policing of Britain's drug laws is in disarray.
Last night, DrugScope, the charity which advises the Government on drugs
policy, called on the Home Office to "modernise" existing laws and iron
out regional variations in policing.

Roger Howard, DrugScope's chief executive, said: "Drugs is an emotive
and complex issue, for which there are no simple solutions, so it is
perhaps not surprising that we see a wide range of opinion on drugs
policy across different policing constituencies. However, what is
important is that drug laws are applied consistently across the country
and the current variations that occur are unacceptable.

"We need the Government to continue its efforts to modernise the drug
laws and to give leadership to ensure that people get fair and equal
treatment wherever they happen to be. It must not be left to the police
to decide how drug laws should be interpreted."

The new findings are still being evaluated by a team at the Criminal
Policy Research Unit at South Bank University, whose director Professor
Mike Hough said preliminary findings show regional differences in the
policing of cannabis possession and dealing. "We have looked at cannabis
possession offences and how they are dealt with," said Prof Hough,
"There quite obviously are differences between police forces and the
treatment meted out to users."

Franklin Sinclair, senior partner at Tuckers, one of Britain's largest
criminal law firms, said: "Police forces need a policy that is
consistent throughout the whole country. For simple cannabis possession,
all offenders should get a caution and no more."

Eddie Ellison, a former head of the Metropolitan Police drugs squad, is
in favour of the legalisation and quality control of drugs - in order to
take the supply and profits away from criminals - and of providing
treatment for users.

Forces were entitled to operate their own policies within the framework
of the existing laws, he said. But he wondered whether a variety of
approaches might be in breach of the Human Rights Act which entitles
everyone to be treated equally under the law. Article 14 prohibits
discrimination on grounds of "national or social origin".

Mr Ellison said police had a history of leading social change ahead of
legal changes. "The police service has always responded to changes in
public opinion faster than legislation," he said.


 

 

 

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