A
Review of Drugs Policy and Proposals for the Future
by
The
Association of Chief Police Officers
Executive
Summary
ACPO
Drugs Committee April 2002
The
ACPO Drugs Policy Proposals
Executive
Summary
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
The
ACPO Drugs Policy Proposals
Communities
and Availability
Treatment
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.
FINAL
DRAFT – 30th April 2002
Young
People
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
The
ACPO propose that officers giving input to schools should adhere to nationally
agreed standards for the delivery of credible school based programmes.
Introduction
Communities
and Availability
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.