Scotland ‘decriminalises’ possession of Class A drugs

CLASS A drugs have effectively been “decriminalised” in Scotland, critics have said as police were told to let criminals off with just a warning.

Lord Advocate Dorothy Bain told the Scottish Parliament she had decided to extend previous guidance allowing police to issue warnings to those possessing less dangerous drugs. Officers who catch someone with Class A substances can now issue a Recorded Police Warning (RPW), meaning the culprit would not even have to pay a fine. The most serious classification of drugs includes crystal meth, crack and ecstasy.

In a statement to MSPS on a new “diversion from prosecution” policy, Ms Bain insisted that RPWS “represent a proportionate criminal justice response to a level of offending and are an enforcement of the law.”

But the Tories said the significant shift had the same practical impact as decriminalisation and was being forced through with no debate or vote at Holyrood. Jamie Greene, their shadow justice secretary, questioned how the “back door” move would help tackle Scotland’s record drugs death toll, the highest in Europe.

Ms Bain, who was appointed Lord Advocate by Nicola Sturgeon in June, told MSPS she independently set the police guidelines determining which offences could be considered for an RPW.

Although confidential, the QC confirmed that they previously permitted police to issue warnings for Class B and C drugs. These include amphetamines, cannabis and anabolic steroids.

However, she told MSPS the guidelines had been reviewed “and I have decided that an extension of the Recorded Police Warning Guidelines to include possession offences for Class A drugs is appropriate.”

Ms Bain said “robust prosecutorial action” would continue to be taken for drug dealer supply offences and insisted RPWS “do not represent decriminalisation of an offence”.

The police keep the warning on file for two years and it can be taken into account if the culprit commits another crime.