| 1.
Why has there been no guidance given in respect of what constitutes a quantity
of cannabis suitable for personal possession? Both
the ACPO Drugs Sub-Committee and the Home Affairs Select Committee have discussed
this in great detail. Both groups firmly believe that if a specific quantity is
stipulated as to what constitutes simple possession then street dealers will only
carry around amounts smaller than that prescribed and carry on dealing to individuals.
Secondly, there are occasions when an individual may only have a small amount
but also have scales, dealers lists etc. therefore, each case will need to be
looked at individually dependent on all the attendant circumstances.
Finally, it could be problematic for officers to determine weights or quantities
on the street causing greater potential for inconsistent application of any policy.
2.
How should the investigation of the offence on the street be conducted and recorded?
The interview should be short but sufficient to prove the offence or identify
a defence. This could be as little as two questions such as "What is this?"
and "Who's is it?". This should be recorded contemporaneously in an
officer's pocket book or forces could consider altering their stop and search
forms to include an area for recording the interview. This has been undertaken
successfully in some areas. This would reduce paperwork and bureaucracy for patrol
officers. The drug must be placed in a tamperproof bag, sealed and signed in the
presence of the offender. 3.
In paragraph 2.1 of the Cannabis Enforcement Guidance the following phrase is
used. "…the presumption should be against using this power (of arrest)
for simple possession offences". What does this actually mean? Law
enforcement effort is directed at Class A drugs, particularly heroin, cocaine
and crack cocaine. In reclassifying cannabis from Class B to Class C, the Government
has made it quite clear that should an offender be found with a "small amount"
of cannabis intended for personal use they should not, wherever possible, be arrested,
"freeing up" policing time to concentrate activity against Class A drugs.
ACPO has issued the Cannabis Enforcement Guidance to assist operational officers,
recognising that cannabis is an illegal drug, but not a policing priority. Consequently,
an officer should presume, or take for granted, that a person in possession of
a small amount of cannabis should not be arrested unless the circumstances meet
the requirements of the guidelines. 4.
What if an officer makes an arrest outside the guidelines? Will they be open to
criticism or legal proceedings? The
power of arrest could be used on every occasion, provided that proper grounds
for the arrest exist. Therefore, ordinarily, an officer would not be open to proceedings
for unlawful arrest. The issue of "criticism" is a matter for individual
service policy and management. 5.
What
if the offender does not comply with the process, walks off and the officer is
unable to identify the offender? If
the offender cannot be identified, it cannot be ascertained if they are repeat
offenders thus undermining the spirit of reclassification and this Guidance. Consequently
officers may consider using their powers of arrest. 6.
What
means of disposal is open to an officer if a decision is made not to arrest the
offender, e.g. NFA, Warning, Summons?
One of the aims of this process is to reduce police time spent on this offence.
Accordingly, unless the factors detailed in the Guidance exist, an arrest should
not take place. Generally, an officer will be able to take no further action in
the street other than seizure of the drug and compliance with the investigative/administrative
procedure outlined in question 2. This procedure provides an opportunity for an
officer to reinforce the point that cannabis is still an illegal drug and that
possession in the future may result in arrest. 7.
Where
an officer seizes cannabis from an offender, does it have to be recorded as a
crime, regardless of the disposal, e.g. NFA, Caution, Charge/Summons? Yes,
under the National Crime Recording Standards all these occasions require the completion
of a crime record/report. Whilst not a judicial disposal, each case should be
considered for "clear up" under current Home Office Guidelines where:
"there
is sufficient admissible evidence to charge the offender but the Crown Prosecution
Service (CPS) or a police officer of inspector rank or above decides that no useful
purpose would be served by proceeding with the charge where a senior officer decides
it is not in the public interest to prosecute".
The authorising officer will require a comprehensive crime report showing that
there is sufficient admissible evidence to charge; an officer must be capable
of identifying cannabis because of the regularity they come into contact with
it and the knowledge they possess. The person should admit possession and that
it is cannabis for 'personal use'.
8. These
guidelines will require a significant amount of training to all police officers.
What help will be given to forces to assist with this? Once
the guidelines have been approved Centrex will devise a training package for forces
to utilise before implementation of the legislation. 9.
The Guidance makes reference to the word "locally" (paragraph 2.3 and
2.5). What does this mean?
"Locally" could be defined as
an Operational Policing Area, Sector, Beat or specific locality within a Community.
This decision would be made by the Area Commander based on such factors as highlighted
in the Guidance.
04.09.03
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