NO ‘SILVER BULLET’ FOR DRUG CRISIS
Shake-up will see criminals let off the hook, warn critics Police warnings will ‘do nothing’ to cut grim death toll
‘Decriminalisation by the back door’
MORE criminals will be ‘let off the hook’ because of the controversial decision to issue warnings by police to those found with drugs, critics have claimed.
More than 10,000 people a year are currently charged by police for possession of drugs, with nearly half facing a fine and 1,000 having to go to court.
But the controversial overhaul to the guidelines, announced by Lord Advocate Dorothy Bain, QC, will mean they will now only receive a recorded police warning.
Even campaigners who backed the move said it should not be seen as a ‘silver bullet’ or distract from other measures to tackle the drug deaths crisis.
Questioning Miss Bain after her statement, Scottish Tory community safety spokesman Russell Findlay said: ‘Today’s statement claims that those who reject a fiscal fine as an alternative to prosecution for drugs possession can be prosecuted.
‘Yet in 2018-19 – pre-pandemic – only one in three of those who rejected these went on to be convicted.
‘Does the new guidance mean that more people caught in possession of drugs will be let off the hook?’
Miss Bain said: ‘I do not accept that. As I have indicated, the proposals and the underpinning rationale for the statement today is that what is being done is to ensure that any criminal justice response, any dealing of these cases by the criminal justice process, is tailored to the needs of each individual and provides the opportunity to each individual to meet the underlying causes of offending and, ultimately, prevent reoffending.’
It was also claimed that the announcement will do nothing to tackle drug deaths.
The grim toll of fatalities in Scotland rose to a record 1,339 last year, the worst drug death rate in Europe at 21.2 per 1,000 of the population – more than three and a half times higher than England and Wales.
Scottish Conservative justice spokesman Jamie Greene said: ‘Scotland’s drug deaths crisis is our national shame.
‘But surely the way to tackle it is by improving access to treatment and rehabilitation, not to dilute how seriously we treat the possession of deadly class A drugs like heroin, crystal meth and crack cocaine, the scourges of our streets and the scourges of our society.
‘The answer to our drug deaths crisis is treatment, not de facto decriminalisation by the back door, as is the case today.
‘Sadly, nothing that has been said in today’s statement will stop drug deaths.
‘Nothing that has been said today will guarantee access to that needed treatment, something which our Right to Recovery Bill is calling for.’
Annemarie Ward, chief executive of charity Faces & Voices of Recovery
UK, said: ‘Diversion from prosecution will prevent many people who really need help and support from being forced through our criminal justice system.
‘It should allow people who are caught in addiction to get into treatment, instead of being sent to jail. However, we have to be very careful not to view this as a silver bullet.
‘This move will help but, ultimately, it will not help people to get well on its own. It will not save lives on its own. It has to be accompanied by increasing access to treatment and rehabilitation or nothing will change.
‘We still desperately need the Government to pass a Right to Recovery Bill to guarantee that everyone who needs access to treatment can get it.
‘Otherwise, we will divert people from prosecution but we won’t actually help them to get their health or lives back on track.’
During questions after yesterday’s statement, Conservative MSP Pam Gosal accused Miss Bain of contradicting Police Scotland by claiming that she is not decriminalising drug possession, as its guidance says recorded police warnings can ‘have a positive impact on individuals by not criminalising them’.
But Miss Bain said: ‘I don’t accept that those two statements are contradictory.
‘The recorded police warning scheme represents a proportionate and timely criminal justice response for officers to use in appropriate circumstances, but it is still a criminal justice response.’
She added that she rejects the scheme is a de facto decriminalisation. Yesterday’s announcement was welcomed by the other political parties at Holyrood.
Scottish Labour drugs policy spokesman Claire Baker said: ‘Scotland’s drugs death crisis is a scandal of national proportions.
‘It is only right that a public health approach is taken to tackle it.
‘Today’s statement from the Lord Advocate is to be welcomed and I hope that it will lead to many more people being directed to the help and support that they need.
‘Nonetheless, with a rise in the number of drug-related cases being diverted, it is incumbent on the SNP Government to ensure that our social services are properly resourced.
‘We have a chance to turn the page on Scotland’s drugs crisis, but only if we are willing to meet the challenge with dedication, hard work and compassion.’
Scottish Greens justice spokesman Maggie Chapman said: ‘Given Scotland’s worryingly high drug death rate, it’s important we move to a harm reduction approach, and this move is an important step given the limited powers Scotland has to address it.’