A Review of Drugs Policy and Proposals for the Future
by
The Association of Chief Police Officers
|
Executive Summary |
The ACPO Drugs Policy Proposals |
Structure of this review
This review will be divided into two sections. The first part will review the progress being achieved within the government strategy with the second section outlining the ACPO's policy proposals to achieve the government drugs objectives. This executive summary will only summarise the ACPO drugs policy proposals.
Introduction
Each force has its own drug strategy reflecting local needs and opportunities. There is no desire to challenge the primacy of that local strategy in driving operational and resource allocation decisions. However, at a time of unprecedented public and political interest in the drugs debate, there must be a strong argument for developing a robust corporate framework capable of uniting the service.
The four important themes, which will drive future policy development, are; information and intelligence, partnership working, integration and performance management.
Aim: The overall aim of the ACPO Drugs Policy is to disrupt and reduce supply while at the same time working to achieve demand reduction, thus:
ã Disruption and reduction of supply will be achieved through intelligence-led enforcement activity that integrates all the relevant agencies
ã Demand reduction will be achieved through treatment and harm minimisation programmes for misusers and drug education for young people and their parents and carers.
Treatment |
Young People |
Communities and Availability |
By forging stronger links across the relevant agencies at a national and local level supported with the appropriate level of funding, the ACPO is keen to develop further its involvement in treatment and harm minimisation initiatives that have been proven to work.
The ACPO recognises that improved integration, between traditional policing activity, the criminal justice system and drug treatment services, will provide the opportunity to break the cycle of drug related offending, drug-related deaths and generally improve the quality of life of our communities. To achieve this aim agencies must strive to provide treatment immediately the need has been identified and to a minimum standard.
The ACPO feels there is a compelling case to explore further the merits of prescribing drugs of addiction to patients with entrenched dependency problems who have not responded to other forms of therapy. The ACPO looks to the experts in this field to assess the medical and scientific evidence set against the risks of such an approach. This should include the wider use of heroin within a menu of treatments. There needs to be stronger control of prescription substitute drugs like methadone that currently generate secondary markets
FINAL DRAFT – 30th April 2002 |
To achieve demand reduction it is critical to educate our young people in the consequences of drug misuse. This includes the provision of relevant information and support to parents and carers. In defining the police contribution to drug education it is important to ensure that appropriate links with other police inputs into schools are established.
There is an expectation from the Department of Education and Employment and other partners that the police have a broader role in the schools beyond drugs education. This should include reducing the fear of crime amongst teachers and pupils, addressing the problems associated with truancy, the attitude of young people to crime and drugs misuse, levels of disorder within schools and fostering good relations between young people and the community. In effect the role of police in schools is that of a community beat officer working in a school or schools and not purely as an educationalist. The role of a police officer as an educationalist must be contained within the broader community beat officer role and be subordinate to it.
Where police officers are acting as educationalists they must achieve relevant occupational standards. This will improve our standard of delivery putting the police service on a more even footing with colleagues from education and help define the outcomes being achieved.
Review of Drug Policy and Proposals for the Future By The Association of Chief Police Officers |
Introduction |
Through intelligence-led activity greater focus will be directed towards impacting on the middle market suppliers selling quantities between 1 and 5 kilograms. Providing adequate funding is available the prospects are good. The middle market initiative being piloted in the Midlands demonstrates how collaborative arrangements can overcome the obstacles of cost and the availability of skilled resources. Although the emerging picture looks promising, it should be said that until the evaluation has reported it is too soon to conclude that supply chains are disrupted and drug-related crime is reducing.
Operational success is dependent on the proper implementation of the National Intelligence Model and an adequate Level II tactical capability. There is also a need to introduce appropriate measures to protect intelligence sources. What is becoming clearer from the pilot in the Midlands is that regional tasking and co-ordination of intelligence can facilitate enhanced cross-border co-operation. The challenge for the ACPO is to ensure that the middle market activity builds upon the successes being recorded at the local level one tier. In the planning stage a strong eye will be directed towards disrupting organised criminality operating within the illegal market by introducing asset confiscation activity and integrated work with the relevant agencies.
There is also growing evidence linking crack cocaine, violence and acquisitive crime in a way that suggests the drug is having a disproportionate effect on society when compared to other high priority Class A drugs. The Concerted Inter-Agency Drug Action group (CIDA) has commissioned an action plan to ensure activity is co-ordinated, prioritised and complementary, and designed to build on the valuable work already undertaken to combat this developing problem. The ACPO is committed to being an active partner in the CIDA led plan.
In considering an enforcement model for policing cannabis on the street where no police powers exist following re-classification, a system, which uses gravity factors to determine whether an informal or formal sanction is applied, has the potential to provide a pragmatic approach for enforcement.
The ACPO respects the arguments advocating the decriminalisation of controlled drugs but is clear that it does not support decriminalisation unless, at the conclusion of a comprehensive consideration of all the consequences of such a policy shift, the strength of evidence supports such a move.
Conclusion
The drugs issue is complex, and requires a variety of solutions to address its attendant problems. In short, no single model will suffice.
Through these drugs policy proposals the ACPO is advocating an integrated approach where success is more likely to be achieved through treatment programmes that seek to manage prolific offenders, enforcement work that targets the dealers and traffickers and drug education programmes that contribute to demand reduction.
Introduction
In December 2001, The Association of Chief Police Officers (ACPO) embarked on a review of its drug policy to inform the development of local force drug strategies. This paper details the findings of that review and outlines the future policy proposals.
What is the ACPO drugs policy position ?
If we judge whether the existing drugs policy is working by measurable reductions in the number of people who use drugs; the number who die or suffer harm as a result of the misuse of drugs; the amount of crime committed to get money to buy drugs and the organised criminality involved in transporting and supplying drugs; then it has to be concluded that the results are not coming through. There needs to be greater focus on protecting the most vulnerable from the worst effects of drugs.
The overall aim of the ACPO Drug Policy is to disrupt and reduce supply while at the same time working to achieve demand reduction.
Our proposals are that:
1. Cannabis – given re-classification, interventions on the use of cannabis will be directed to the associated harms, e.g. street markets, access to school children, rather than the use of cannabis itself.
2. Class A Enforcement – this will be achieved through intelligence-led enforcement activity emanating from the National Intelligence Model that integrates all the relevant agencies. Through joint action the illegal market will be infiltrated and disrupted with the assets of criminals seized.
3. Class A Users – With the appropriate case disposal and sentencing guidelines in place that judge the gravity of each case, the ACPO looks forward to when detainees appearing in court following the misuse of Class A drugs are able to have the opportunity to immediately access treatment that is proven to work. In these circumstances diversion direct to treatment should be a real option rather than a caution or in some cases a conviction.
4. Class A Treatment – More information and evidence is needed which demonstrates what and how interventions work. The ACPO advocates wider use of heroin to test its merits within a menu of treatments. There needs to be stronger control of prescription substitute drugs like methadone that currently generate secondary markets.
5. Schools – the police focus should move from teaching to supporting schools in resisting crime, i.e. by providing information on crime and an access point for teachers, parents, carers, governors and children for the most vulnerable schools. This will include police officers working directly in the schools. In effect the role of police in schools is that of a community beat officer working in a school or schools and not purely as an educationalist.
Acknowledgements
This report was compiled by the ACPO Drugs Committee in close consultation with colleagues at all levels in the service and benefited from constructive comment from our partner agencies.
Andy Hayman
Chairman
ACPO Drugs Committee April 2002
FINAL DRAFT – 30th April 2002
Review of Drug Policy and Proposals for the Future
By
The Association of Chief Police Officers
This paper will set out the views of the Association of Chief Police Officers (ACPO) on current ACPO drugs policy and offer policy proposals for the future. It is acknowledged that the problems associated with alcohol misuse should ideally feature within any drug policy paper. For the purpose of this paper the ACPO has concentrated solely on drugs misuse.
1. Context
1.1 The government ten-year drug strategy, 'Tackling Drugs to Build a Better Britain' has provided a time-framed agenda with a life-span which acknowledges that government understands the tackling of the drugs problem as being a long term investment of multi-agency and cross government departmental effort. In the Spring 2000, ACPO conducted a stocktake of what police forces were doing to tackle the drugs problem. This confirmed that every force was using the four elements of the government strategy as a framework for their drugs activity, i.e. Young People, Communities, Treatment and Availability. This still remains the case.
1.2 During the latter part of 2001, three significant government announcements started to change the policy environment in which the police and their partner agencies would be operating. Firstly, government announced that it was timely for a review of their strategy with particular emphasis on the relevance of the objectives and targets. Secondly, the Home Secretary indicated his intention to re-classify cannabis offences from Class B to C under the Misuse of Drugs Act 1971, and finally, the Home Affairs Select Committee began hearing evidence to determine whether government policy was working. It is within that context this review is being conducted.
2. Structure of this review
2.1 This review will be divided into two sections.
Section One: This will review the progress being achieved within the government strategy concluding with an assessment of where the ACPO judges that greater effort is required to achieve the government objectives.
Section Two: This will outline the ACPO's policy proposals to achieve the government objectives within the drugs agenda.
3. Section One ~ Review of Current ACPO Policy
3.1 In November 2001, the ACPO gave evidence to the Home Affairs Select Committee which was sitting to establish whether the government drug policy is working. The ACPO argued that if we judge whether the existing drugs policy is working by measurable reductions in the number of people who use drugs the number who die or suffer harm as a result of the misuse of drugs the amount of crime committed to get money to buy drugs the organised criminality involved in transporting and supplying drugs, then it has to be concluded that the results are not coming through.
The ACPO contended that this could either be because the policy is flawed or because the policy is right but not enough co-ordinated effort is being put into it. Although the realignment of Drug Action Teams with local authority boundaries where possible has been helpful in facilitating local partnership activity and creating a better fit with the Crime and Disorder Community Safety Agenda, the view of the ACPO is that greater co-ordination across all the elements of the strategy is required. The ACPO acknowledges the reasoning underpinning the proposals within the police reform programme for the mandatory merger of Drug Action Teams and Crime and Disorder and Reduction Partnerships (CDRPs). However, the ACPO would prefer an enabling power rather than the proposed mandatory approach, which would give greater flexibility for partnerships to develop an appropriate local response. The ACPO do see value in forming Joint Commissioning Groups that meet the needs of all the relevant agencies and make the best use of the pooled budget funding.
Given that most forces are using the four elements of the government strategy as a framework for activity it seems logical to present the findings of this review in the same way. Much of this material was presented to the Home Affairs Committee in November 2001.
4. Treatment
Under the auspices of the Joint Funding Initiative and the release of year on year funding of £6m, a significant amount of effort has been directed towards the implementation of Arrest Referral Schemes in custody suites across the country. Although the final evaluation report will not be available until May 2003, there are some encouraging emerging findings contained within the 'First Interim Report' from the Joint Funding Initiative. Overall, the findings suggest modest reductions in drug and crime involvement as reported by the participants. In a similar vein, Drug Treatment and Testing Orders (DTTO's) were successfully piloted and are now being implemented nationally. Working together with the drug testing of persons aged 18 and over within the Criminal Justice and Court Services Act 2000 there is good potential for reducing drug related offending in the longer term.
4.1 The headline views of the ACPO are;
We support -
ã The prevention strategy that centres on DTTO's, Counselling, Assessment, Referral, Advice and Throughcare services (CARAT's) and Arrest Referral
ã The provision of government funding to facilitate the setting up of arrest referral schemes across the country
ã The provision of post prison support for offenders, particularly those with a history of drug abuse
ã The introduction of the National Treatment Agency (NTA).
We do not support -
The lack of current research, which goes beyond the reliance on self-reporting data, to demonstrate
a) the effectiveness of arrest referral and,
b) the mapping of how treatment demand is being met across the country
4.2 Consequences
ã The lack of empirical research following the national rollout could hamper further development of arrest referral
ã Demand continues to outstrip the availability of treatment services - a position which is likely to be compounded further following the introduction of drug testing of arrestees, where research indicates the client base is likely to be increased significantly
ã There is inadequate service provision for offenders sentenced to less than 12 months imprisonment and those on release from prison on CARAT schemes. Without housing, education and employment support they are at risk of re-offending when they return to the environment that arguably contributed to their original sentencing and drug misuse problem
Accessibility to treatment for young people and clients from ethnic minority groups remains difficult.
4.3 Conclusion and Recommendations
The police service is embracing with its partners the greater shift in emphasis towards prevention initiatives. However, these are in danger of failing unless robust evaluations are conducted and adequate funding is directed over the short to mid term to establish what works. Without empirical evidence, which demonstrates the benefits being achieved, agencies may be reluctant to direct funding. The availability and accessibility of treatment to all needs urgent review by the NTA and Substance Misuse Implementation Branch at the National Assembly for Wales. The ACPO is fully committed to develop further treatment and harm minimisation initiatives as a major plank in its strategy to reduce drug-related offending, drug-related deaths and contribute to an improved quality of life for our communities.
5. Young People
5.1 All schools are required to teach drug, alcohol and tobacco education as part of the National Curriculum. The ACPO commissioned two research programmes to establish whether the police input into drug education in the schools was achieving the outcomes that were projected. This led to a redefinition of the police role with a proposed division of labour for each agency that contributes to drugs education.
5.2 The ACPO remains committed to playing a significant role in the delivery of drug education in schools and to parents and carers. Linking into Youth Offending Teams (YOTS) and the move by the ACPO to integrate all contact with young people into a single approach, this looks promising. The work to define the police input places the police service in an influential position to encourage other agencies to define their contribution, facilitating a clearer division of labour within the multi-agency approach.
5.3 Issues
ã The input to drug education lacks a comprehensive and co-ordinated response by each agency and a clear division of labour
ã Desired outcomes are not clearly defined and where they are there is a lack of research to evaluate whether outcomes are achieved
ã The performance targets outlined in the government strategy are unrealistic as they contradict the trends illustrated in current research
ã Much of the work with YOTS is reactive and directed to the upper age group of young people, which misses the opportunities to work with the young and to be proactive with vulnerable young people
ã There is a lack of training provision for those who work in schools, which leads to varying standards of input from non-educationalists.
5.4 Conclusion and recommendation
The ACPO will continue to demonstrate its commitment to school involvement and using a research evidence base will define further how drug education should be delivered in our schools. Although the police contribution has been defined there is still a lack of clarity on what our partner agencies will deliver and how that division of labour will reflect the expertise and knowledge of available resources of each agency.
6. Communities and Availability
6.1 Enforcement Activity
Over time a gap has appeared. With the national agencies focusing on international trafficking and police forces tending to focus on the smaller local markets there is less time devoted to policing the middle markets through intelligence-led activity. The main challenge facing the police service is to develop the capacity to focus sufficient resources to both local and middle markets and to link to level three activities. The patchy national implementation of the National Intelligence Model is hampering progress in this arena.
6.2 The Middle Market Demonstration Model operating in the Midlands and funded by government presents an opportunity to test whether through collaborative intelligence-led working arrangements operating across force boundaries, a real impact on the middle market suppliers selling quantities between 1 and 5 kilogrammes, will be achieved. The ACPO looks forward to considering the Home Office evaluation of this project, which, if proved successful, has the potential for national implementation.
6.3 There has been increasing focus on tackling the profitability of criminal supply through enhanced forfeiture of assets. The Proceeds of Crime Bill will aim to enhance the capability of law enforcement agencies to seize the traffickers illegal proceeds and disrupt their operations. The ACPO recognises that greater emphasis is needed in this area of work. In addition to the disruption that will be caused to the illegal markets a further motivation for engaging in this work is that the recovered assets will support anti-drug activities through the funding available from the Recovered Assets Fund.
6.4 In the Autumn 2001, the Home Secretary announced that he was considering re-classifying cannabis. To inform his decision he requested the Advisory Council on the Misuse of Drugs (ACMD) to consider and advise him on the medical and scientific effects of such a move. In March 2002, the ACMD recommended to the Home Secretary to reclassify all cannabis preparations to Class C under the Misuse of Drugs Act 1971. From a policing perspective re-classification may create confusion in how to deal with offences where arrest powers that existed under the classification of 'B' disappear. The ACMD acknowledge the importance of ensuring that reclassification does not have the unintended consequence of encouraging international trafficking and that the proportionality in sentencing is retained across the spectrum of cannabis offences.
6.5 From the ACPO's perspective the headline assessment of enforcement activity is as follows;
Weaknesses
ã Performance targets focus on national and international activity with no targets, funding or agency responsible for regional or middle markets
It is not clear what the implications are likely to be moving the strategic objective from 'stifling availability' to 'disrupting supply'. This could slow down progress as agencies adjust their strategy and tactics, on the other hand a seamless transition may occur. What is not clear is whether the consequences have been planned for prior to the change
Police enforcement activity tends not to be linked with the availability of treatment. There is a lack of flexibility in funding to achieve such a co-ordinated approach
ã The absence of baseline data is most stark within the enforcement arena. The key target of 'reducing the availability of Class 'A' drugs' is currently impossible to measure because of the absence of baseline data
ã At present, most drugs dealers' assets are not successfully seized losing the opportunity to use those assets directly to support further drugs enforcement work.
Strengths
ã The National Intelligence Model is likely to provide an effective intelligence base to inform operational policing
ã The Concerted Inter-Agency Drug Action Group has a proven track record of co-ordinating strategic direction
ã The middle-markets demonstration model in the Midlands has potential for national implementation.
6.6 Decriminalisation of controlled drugs
The ACPO welcome recent government announcements dismissing decriminalisation as a policy proposal. The ACPO respects the arguments advocating the decriminalisation of controlled drugs but is clear that unless the strength of evidence supports such a move, detailing the consequences of such a policy shift, ACPO does not support decriminalisation. From the policing perspective, the ACPO's concern is the impact on communities and criminal justice where the consequences are not fully known. We are firmly of the view that the status quo should be maintained especially at a time when all agencies are working hard to achieve the objectives of the government strategy. These efforts may be diverted to managing such a significant shift in policy. That said, there is scope within the Criminal Justice System for greater consideration of alternative means of disposal for individuals found in possession of, or using, small quantities of illegal substances. The ACPO Case Disposal Manual provides a framework for this approach.
6.7 In defending the status quo it is our contention that the lack of clarity as to what is meant by decriminalisation is compounding an already uncertain situation where the likely effects are not known. Our primary aim is to provide reassurance to the public and focus on Class 'A' drugs. Whilst it could be argued that the decriminalisation of other drugs may enable greater focus on Class 'A' that does not necessarily follow as other policing problems may emerge. Certainly the experience in Holland supports that view.
6.8 In addition to this primary argument the ACPO feels that the United Kingdom could become a magnet for drug tourists, which has the potential for community degeneration, which, in turn, could be a recipe for increases in crime. It cannot be assumed that legitimate possession would eradicate illegal market supplies. We feel that there is a high probability that organised crime gangs will still be able to operate in this field with the potential for increased activity that may follow the decriminalisation of any drug.
6.9 If at any time the national position does move, either in law or in common practice, to the decriminalisation of a drug or drugs, then the nature of enforcement activity will need to be reassessed at the same time. The user of a decriminalised drug has the potential to do harm to others, eg, through disorderly conduct, putting other people at risk as a driver or user of machinery, giving drugs to minors and other vulnerable people, or committing crimes while under the influence. Any 'decriminalisation' of the users would have to be backed up by a tough 're-criminalisation' of acts of drug-related behaviour that affect the safety or quality of life of non-users.
7 Conclusion and recommendations
7.1 The need to increase effort in policing the middle markets is accepted. The full implementation of the National Intelligence Model will facilitate intelligence-led activities and greater use of asset confiscation.
7.2 The prospect of cannabis being re-classified and the potential loss of police powers require the ACPO to devise alternative strategies to deal with the policing of cannabis. At the heart of these plans must be recognition of the Home Secretary's aim to focus more on Class A drugs.
7.3 The decriminalisation debate comes at an unhelpful time. It has the potential to de-rail the strategy by becoming a diversion from the set objectives. To a point decriminalisation is a step in the dark and may create other problems, which would be unfortunate when all agencies are valiantly trying to achieve the drugs objectives. The ACPO welcome recent government announcements dismissing decriminalisation as a policy proposal.
Section Two ~ ACPO Drug Policy Proposals
Introduction
8.1 Having set out the strengths and areas for further development in the existing policy, this section will identify key areas of future development.
8.2 Each force has its own drug strategy reflecting local needs and opportunities. There is no desire to challenge the primacy of local strategy in driving operational and resource allocation decisions. However, at a time of unprecedented public and political interest in the drugs debate, there must be a strong argument for developing a robust corporate framework capable of uniting the service.
8.3 The four important themes which will drive future policy development are: information and intelligence, partnership working, integration and performance management.
Information and Intelligence
8.4 The National Intelligence Model is closely associated with operational effort. Used properly, it has the ability to co-ordinate the targeting of individuals and networks, produce a systematic picture of the drug 'business' and encourage the development of control plans that reflect quantifiable risks at local, force or regional level. The three levels identified within the National Intelligence Model offer a clearly understood framework for intelligence gathering and operational activity – accepting that the realities of the drugs market will not always conform to neat labels. Intelligence will provide opportunities for operational focus from which tactical options can be developed.
8.5 Information and intelligence can also drive the other elements of the drug strategy. Protocols with partners permit the exchange of information and IT developments encourage connectivity within and beyond the police service. It is now possible to envisage intelligence led treatment programmes.
From this enhanced intelligence picture would also come ACPO's ability to contribute in a more rational manner to the continuing debate on drugs.
Partnership Working
8.6 The second related issue, centres on the future of partnership working. The ACPO has welcomed developments with Drug Action Teams and strongly supports continuing interagency working. It is hoped that the future will see further clarification around the boundaries of appropriate police intervention with our partners and the funding arrangements that need to be in place to facilitate joint working. The ACPO will continue to be an active partner but is clear that the police service should only lead on those aspects where they have professional knowledge and expertise enabling other government departments to take the appropriate lead role.
Integration
8.7 Integration is the third critical theme for future policy development. Although it is convenient to continue to discuss activity under the four headings of the strategy, all agencies, not least the police, should be striving for a fully integrated approach. That said, this approach must be developed against a recognition that there are a variety of supply systems and differing kinds of user, which mean that a variety of solutions are needed. In short, no single model will suffice. Success is more likely to be achieved through treatment programmes that seek to manage prolific offenders, enforcement work that targets the dealers and traffickers and drug education programmes that contribute to demand reduction.
Performance Management
8.8 Performance management is the final theme informing future policy development. The absence of accurate baseline data to set a performance target is a feature, which needs rectification. The ACPO is keen to help develop interagency performance measures, which will help bind activity together towards a common and realistic goal.
8.9 Aim: The overall aim of the ACPO Drug Policy is to disrupt and reduce supply while at the same time working to achieve demand reduction, thus:
ã Disruption and reduction of supply will be achieved through intelligence-led enforcement activity that integrates all the relevant agencies
ã Demand reduction will be achieved through treatment and harm minimisation programmes for misusers and drug education for young people and their parents and carers.
9 Treatment
9.1 The ACPO remains fully committed to treatment and harm minimisation interventions as a means of reducing drug-related offending, drug-related deaths and contributing to the quality of life of our communities. It is important to improve treatment provision and its timeliness while at the same time creating a better fit with enforcement activity. In practice, the diversion of misusers of Class A drugs into treatment must be the primary aim to achieve greater impact in reducing demand. With the appropriate case disposal and sentencing guidelines in place that judge the gravity of each case, the ACPO looks forward to when detainees appearing in court following the misuse of Class A drugs are able to have the opportunity to immediately access treatment that is proven to work. In these circumstances diversion direct to treatment should be a real option rather than a caution or in some cases a conviction.
9.2 The primary focus for the police service will be the continued development of 'gateways' to treatment, for example through arrest referral schemes and other criminal justice interventions as they develop. Our support for this approach is based upon well-founded and emerging research from the Joint Funding Initiative, which is starting to provide a compelling case for effectively engaging drug misusers in treatment programmes. It is important that this research concludes with a rounded convincing case demonstrating what works and for whom. This should go beyond the use of self-reporting data.
9.3 Arrest Referral Schemes working alongside Drug Treatment and Testing Orders, prison CARATs and the emerging Drug Abstinence Orders provide intervention opportunities to break the cycle between drug use and crime. These must be supported along a 'treatment pathway' which is capable of meeting identified demands across the broad social spectrum, particularly 'hard to reach' groups. This must be based upon an understanding of what treatment works; a point included in the Audit Commission Report, 'Changing Habits' (2002). To help achieve improvements the ACPO is keen to develop further its links with Drug Action Teams, key local partnerships, National Treatment Agency (NTA), Department of Health and in Wales the Substance Misuse Intervention Branch. These arrangements could facilitate well represented Joint Commissioning Groups that commission together to meet the needs of diverse communities, co-ordinated sentencing, managing of parole sentences and the provision of improved post-prison support for offenders, particularly those with a history of drug abuse.
9.4 The ACPO acknowledges the reasoning underpinning the proposals within the police reform programme for the mandatory merger of Drug Action Teams and Crime and Disorder and Reduction Partnerships (CDRPs) a position which in principle is consistent with paragraph 9.3. However, the ACPO would prefer an enabling power rather than the proposed mandatory approach, which would give greater flexibility for partnerships to develop an appropriate local response.
9.5 The ACPO advocates the introduction of minimum standards developed by the Substance Misuse Advisory Service and proposes accreditation for treatment provision. This work needs funding arrangements, treatment plans and a diversity strategy to be in place over the short to mid term to facilitate effective joint working.
9.6 In line with the criminal justice drug treatment programmes the ACPO is keen to encourage greater research and exploration into other drug treatment and harm minimisation initiatives. This accords with recent clinical guidelines that emphasise harm minimisation and the NTA's consideration of the wider prescription of heroin. The ACPO acknowledges the NTA and Department of Health conclusion that orally prescribed methadone is the most effective form of treatment for most opiate dependent individuals but feels there is a compelling case to explore further the merits of prescribing drugs of addiction to patients with entrenched dependency problems who have not responded to other forms of therapy and stronger control of prescription substitute drugs like methadone that currently generate secondary markets. The ACPO looks to the experts in this field to assess the medical and scientific evidence set against the risks of such an approach, e.g. leakage onto the illegal market, difficulties of supervising consumption, high costs. This should be tested within the wider use of heroin within a menu of treatments. More information and evidence is needed which demonstrates what and how interventions work. The ACPO believes there is merit in greater prominence for treatment and harm minimisation programmes working alongside enforcement activity. This has the potential for starving the dealer and breaking the drug offending cycle of the misuser.
9.7 Summary
By forging stronger links across the relevant agencies at a national and local level supported with the appropriate level of funding, the ACPO is keen to develop further its involvement in treatment and harm minimisation initiatives that have been proven to work.
The ACPO recognises that improved integration between traditional policing activity, the criminal justice system and drug treatment services will provide the opportunity to break the cycle of drug related offending, drug-related deaths and generally improve the quality of life of our communities. To achieve this aim agencies must strive to provide treatment immediately the need has been identified and to a minimum standard.
The ACPO feels there is a compelling case to explore further the merits of prescribing drugs of addiction to patients with entrenched dependency problems who have not responded to other forms of therapy. The ACPO looks to the experts in this field to assess the medical and scientific evidence set against the risks of such an approach. This should include the wider use of heroin within a menu of treatments. There needs to be stronger control of prescription substitute drugs like methadone that currently generate secondary markets
With the appropriate case disposal and sentencing guidelines in place that judge the gravity of each case, the ACPO looks forward to when detainees appearing in court following the misuse of Class A drugs are able to have the opportunity to immediately access treatment that is proven to work. In these circumstances diversion direct to treatment should be a real option rather than a caution or in some cases a conviction.
10 Young People
10.1 To achieve demand reduction it is critical to educate our young people in the consequences of drug misuse. This includes the provision of relevant information and support to parents and carers. In defining the police contribution to drug education it is important to ensure that appropriate links with other police inputs into schools are established. There is an expectation from the Department of Education and Employment and other partners that the police have a broader role in schools beyond drugs education.
10.2 Work is currently being undertaken between ACPO, The Home Office the Department of Education and Employment and the Youth Justice Board to define a policing role within schools that concentrates on:
Reducing the prevalence of crime and victimisation of young people in and around school
Providing a safe and secure school community
Ensuring that young people remain in education
Being part of a partnership to engage young people, challenge unacceptable behaviour and develop respect for themselves and their community
In effect the above role is that of a community beat officer working in a school or schools and not purely as an educationalist.
However, there will clearly be occasions when police officers have to deliver classroom inputs and act as an educationalist. The role of a police officer as an educationalist must be contained within this broader community beat officer role and be subordinate to it. Where police officers are acting as educationalists they must achieve relevant occupational standards.
10.3 The ACPO proposes: that officers giving input to schools should adhere to nationally agreed standards for the delivery of credible school based programmes;
10.3.1 That officers' knowledge and understanding of the subject matter they are delivering is of an acceptable standard.
10.3.2 That they can produce evidence of a high level of lesson planning, teaching skills and classroom management.
10.3.3 That there are robust monitoring, recording and reporting mechanisms in place to assess the effectiveness of police inputs in schools and when appropriate determine that additional support is required.
10.3.4 That they can display evidence of additional professional qualities, in particular their knowledge of relevant legislation relating to their role in schools, effective multi agency working relations, anti discriminatory practice and a high level of personal and professional conduct.
10.4 In support of these standards the ACPO proposes that the drugs education input should include law and procedure, drug recognition, criminal consequences of drug misuse; assistance in developing drug policy development for schools and colleges and attending incidents.
10.5 The ACPO proposes that appropriate measures are put in place to demonstrate the outcomes being achieved through drug education.
10.6 Summary
The ACPO intends to continue to implement the recommendations of the ACPO commissioned research into drugs education.
With our partners opportunities exist to achieve a more equitable division of labour ensuring the contribution of each agency is clearly stated, integrated and co-ordinated.
The role of a police officer as an educationalist must be contained within the broader community beat officer role and be subordinate to it. Where police officers are acting as educationalists they must achieve relevant occupational standards.
The introduction of minimum standards will improve our standard of delivery, putting the police service on a more even footing with colleagues from education, and help define the outcomes being achieved.
11 Communities and Availability
11.1 Through intelligence-led activity greater focus will be directed towards impacting on the middle market suppliers selling quantities between 1 and 5 kilograms. Providing adequate funding is available the prospects are good. The middle market initiative being piloted in the Midlands demonstrates how collaborative arrangements can overcome the obstacles of cost and the availability of skilled resources. Although the emerging picture looks promising, it should be said that until the evaluation has reported it is too soon to conclude that supply chains are disrupted and drug-related crime is reducing. Such an approach is dependent on the proper implementation of the National Intelligence Model and an adequate Level II tactical capability. There is also a need to introduce appropriate measures to protect intelligence sources. What is emerging from the pilot is that regional tasking and co-ordination of intelligence can facilitate enhanced cross-border co-operation. The challenge for the ACPO is to ensure that the middle market activity builds upon the successes being recorded at the local level one tier.
11.2 The prominence of cocaine and heroin importation is having a significant impact on the middle market supplier. Supply appears to be plentiful. The ACPO will work with Customs and Excise, the National Criminal Intelligence Service and the National Crime Squad to develop further the role each agency will perform in this partnership activity. The Concerted Inter-agency Drug Action Group (CIDA) is an appropriate forum to co-ordinate that response. This has the potential to develop further multi-agency interventions at the ports of entry into the United Kingdom and improve tactics to address Crack Houses, the increasing availability generally of crack cocaine and break down distribution networks in the UK that are linked with violent, firearm and acquisitive crime. Such activity is expensive but necessary to successfully detect and disrupt organised criminality.
11.3 There is also growing evidence linking crack cocaine, violence and acquisitive crime in a way that suggests the drug is having a disproportionate effect on society when compared to other high priority Class A drugs. CIDA has commissioned an action plan to ensure activity is co-ordinated, prioritised and complementary, and designed to build on the valuable work already undertaken to combat this developing problem. The ACPO is committed to being an active partner in the CIDA led plan.
11.4 A feature of targeting the criminal supply systems is to understand and infiltrate the illegal market. Whatever the commodity unlawful trading will have links to organised crime. To impact on organised criminality which is operating within the illegal drugs market the ACPO acknowledges the need to enhance our ability to target the income from the criminal supply of drugs by increasing the seizure of assets. The Proceeds of Crime Bill will be a major factor in assisting law enforcement agencies to cause significant disruption to criminal networks. This route, working in tandem with activities to prevent the distribution of precursor chemicals and the conventional targeting of dealers, will provide the capacity to significantly impact upon levels of supply.
11.5 In relation to ecstasy, the ACPO will, through its membership of the Concerted Inter Agency Drugs Action Group, assist in developing understanding of the ecstasy trade and ensure that activity is focused on addressing gaps in coverage and reinforcing success.
11.6 Reclassification of Cannabis - The loss of police powers from the re-classification of cannabis requires the ACPO to consider how best to deal with street encounters where cannabis possession is detected. The least disruptive approach would be to adopt current enforcement practice for the policing of other Class C drugs. The ACPO feels this is not appropriate as it fails to acknowledge that in practice cannabis will not be treated by police officers the same as other Class C drugs. Research conducted by the Rowntree Foundation found that most of the police officers they interviewed dealt with possession of cannabis cases informally. It is the ACPO's view that policy for the policing of cannabis under a new classification without powers needs to strike a balance between what is a reflection of the real world on the street and the need for a professional, consistent approach across the country.
11.7 In seeking to balance the reality that possession of cannabis remains a criminal offence with the more liberal view of cannabis as a drug, emerging in both the police service and the community, a flexible enforcement model is proposed. Both formal (seizure and reporting for summons) and informal (seizure and warning) approaches would be available to officers. Officers would be encouraged to exercise their discretion within 'gravity' factors that might include the age of the offender and the link to other criminality. The policing model will place greater emphasis on the consequences of use and possession rather than just possession. So, usage associated with driving or anti-social behaviour, could expect a response at the formal end of the spectrum.
11.8 This approach offers the police officer a menu of options triggered by gravity factors. The ACPO intends to develop greater definition of what constitutes an informal and formal response along with defining the gravity factors and ethical handling procedures.
11.9 Young people under eighteen years old will be outside of this enforcement model by virtue of the Youth Justice Board policy of case disposal for young people.
11.10 The ACPO continues to be concerned with the dangerous consequences of driving whilst under the influence of drugs. This is an issue which will be researched further by the relevant ACPO Committees.
11.11 Decriminalisation of controlled drugs
The ACPO respects the arguments advocating the decriminalisation of controlled drugs but is clear that it does not support decriminalisation unless at the conclusion of a comprehensive consideration of all the consequences of such a policy shift the strength of evidence supports such a move. The ACPO feels that any liberalisation of a controlled drug needs to consider the full supply chain. In a case where the use and consumption of a drug is permitted but supply remains unlawful then it is likely to expand the use of the drug, yet the supply and marketing remains in the hands of criminals who will have greater potential for increasing their unlawful assets leading to an increase in the size and profitability of the criminal industry involved.
11.12 Summary
Much success is being recorded in the local Level One and the national/international Level Three tier drug markets. Using the framework of the National Intelligence Model, the ACPO will place greater effort towards intelligence-led operations at the middle market Level Two with particular emphasis on Class A drugs.
Working within the CIDA action plan, ACPO will contribute towards co-ordinated action against violent and acquisitive crime linked to crack cocaine.
In the planning stage a strong eye will be directed towards disrupting organised criminality operating within the illegal market by introducing asset confiscation activity and integrated work with the relevant agencies.
The ACPO respects the arguments advocating the decriminalisation of controlled drugs but is clear that it does not support decriminalisation unless at the conclusion of a comprehensive consideration of all the consequences of such a policy shift the strength of evidence supports such a move.
In considering an enforcement model for policing cannabis on the street where no police powers exist following re-classification, an approach, which uses gravity factors to determine whether an informal or formal sanction is applied, has the potential to provide a pragmatic approach for enforcement.
ACPO Drugs Committee
April 2002