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Cannabis Campaigners' Guide News Database result:
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UK: Police divided on when drug users are "in public"
Lewis Smith and Ellen Connelly The Times
Saturday 31 Jan 2004 A SERIES of costly legal actions are expected after the reclassification of cannabis as users begin court challenges against the police. The challenges are expected as cannabis users dispute police decisions to arrest them instead of giving them on-the-spot verbal warnings. Police forces in England, Wales and Northern Ireland are following advice from the Association of Chief Police Officers (Acpo) on when users should be arrested but are aware that the wording is vague enough to be open to challenge. Acpo believes that court rulings will help to define how police should operate when they find people in possession of small quantities of cannabis for their own use. Some of the wording of the guidance is so imprecise that even members of Acpo staff have trouble providing clear definitions. Asked whether a person who smoked cannabis in private, perhaps in his garden, could be regarded as being "in public view", a spokesman replied: "I can't tell you exactly. The officer will have to make a judgment. We are aware there will be test cases and the courts will judge whether they (the police) are right or wrong. Only in Scotland are the rules clear because officers there have no power to issue on-the-spot warnings. Instead, they must detain offenders, take them to a police station where they are arrested and reported to the Procurator Fiscal who will take the decision on further action. However, with cannabis being downgraded from Class B to Class C, the number of written warnings from the Crown Office and Procurator Fiscal Service is expected to rise. In a move that emphasised the zero tolerance approach in Scotland, the first "cannabis cafe" to open in Edinburgh was immediately raided by police. Three people were arrested and charged with possession. In the rest of the UK, a survey by The Times shows, police officers are being encouraged to use their new powers to issue the offender with an oral warning. Nevertheless, the exceptions to the "presumption against arrest" have caused many forces difficulty. Caroline Emberton, a spokeswoman for Lancashire Police, highlighted concerns that the Acpo guidance contains "grey areas". Lancashire has decided that "in public view" equates with "openly displayed" which means users could get arrested for smoking inside their homes if seen through a window, and that "vicinity" means "within eyeshot at least". Police in Manchester have a similar interpretation of "vicinity" but understand "in public view" as needing to be both "seen by the public"and being a "nuisance". Inspector Bill Lloyd, a drugs prevention officer with Greater Manchester Police, said: "Someone smoking on a street corner and nobody ever sees him will come under the guidelines and get sent on his way. If someone is smoking in their garden but you get someone else complaining about it, then we would have to act. Definitions of terms such as "in the vicinity of" were left so vague that Mr Lloyd expects the force to be challenged. At Durham Constabulary, Alan Troman, a former officer now employed to interpret legislation, said it was immediately apparent that parts of the guidelines were vague and imprecise. "We don't like the expression "in public view". Where are you, for example, if a person is standing at his front window in his own house smoking cannabis?"Durham officers have been told that the criteria they should apply are whether the offence was in a "public place" rather than in private. Even so, they are encouraged to use their discretion and if an adult was spotted by an officer smoking cannabis in a deserted park he could receive a warning rather than be arrested. Detective Superintendent Alec Wood of Lincolnshire Police said: "The guidelines do not classify what "public view" is. The intention is if it's openly in the street or openly in the view of people who are passing. That's the intelligent view we are hoping our officers will take. Similar problems with terminology apply to the exception that allows officers to arrest "repeat offenders". Gloucestershire Constabulary and South Yorkshire Police operate a three-strikes-and-you're-out policy while Humberside permits a single warning. But while some forces have decided to set a maximum number of warnings before arrest is triggered, most prefer to leave the decision to the officer on the street. A spokesman for City of London said: "We are not being that prescriptive to say two strikes and you're out. It could be one warning, it could be seven. It will be up to the officer. A further exception to being sent away with a warning is when a user is caught in an area where there is a specific "locally identified policing problem". One such area is Landor Road in Brixton, South London, where everyone found with cannabis is arrested during an operation to eradicate dealers from the area. Brixton is in the Borough of Lambeth where a pilot "softly softly" scheme operated in the run-up to reclassification. Assistant Chief Constable Adrian Lee, of Staffordshire Police, said the difference between being arrested or warned should often be judged by the harm offenders could be doing. On that basis an officer's decision to arrest someone in possession of cannabis can even be precipitated by a glance at his wrist watch. Mr Lee said: "If young people are coming out of school and are likely to see someone smoking cannabis, that would warrant arrest. If it's unlikely the children would see it, I would say we don't need to arrest and we will give that person a warning. Superintendent Mick Macguire, of South Yorkshire Police, welcomed the lack of precision. He said: "It's very much a judgment call on the ground. Frank Brookes, a Baptist pastor from Brixton, won permission in a court yesterday to bring a legal challenge against the policy of issuing warnings.He can take his local police chief and Acpo to court, claiming the non-arrest policy flouts Parliaments intentions. The law and cannabis Cannabis remains an illegal drug, with possession punishable by up to two years in prison Possession of cannabis is an offence for which a person can be arrested and taken to a police station In England and Wales, the presumption will be that anyone aged 18 and over caught with a small amount will not be arrested The person's name and address will be taken, he or she will be warned and the drug confiscated. Effectively, this puts on to a formal basis how many officers dealt with possession of small amounts of cannabis before the law was changed last Thursday Cannabis possession, though illegal, is not considered a policing priority, but guidance by chief constables in England and Wales outlines when a person aged 18 and over may be arrested Smoking cannabis in "public view" could lead to arrest. The phrase "public view" is not defined and it is left to the discretion of the individual police officer A person who the local police know has repeatedly been dealt with for possession of cannabis may also be arrested. There is no definition of "repeated offending" Possession of cannabis near premises used by young people will lead to arrest; possession in areas where cannabis is causing problems may lead to arrest For people under 18, the use of cannabis is an arrestable offence. They would be taken to a police station and given a formal warning by a senior officer. A second offence would lead to a final warning, a third a reprimand, and a fourth a prosecution. However, the police have discretion to press for charges at any of these stages if they believe that the possession and use of the drug has been flagrant Children under ten found with cannabis are considered "at risk" and will be referred to social services In Scotland, different rules apply. Police will detain a person, take him or her to the station, arrest him or her and send a report to the Procurator Fiscal BOX: How police forces vary Hull - One warning before arrest Scotland - Zero tolerance South & West Yorkshire - Two warnings in 12 months Nottinghamshire - Arrest still likely in private Staffordshire - Two warnings in 12 months Aberystwyth - A few hours in custody likely Gloucester - Two warnings before arrest Dorset - Two warnings before arrest Landor Road, Brixton - Zero tolerance City of London - Up to seven warnings
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