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News (Media Awareness Project) - UK: Discrepancies In Treatment Of Offenders
Title:UK: Discrepancies In Treatment Of Offenders
Published On:2004-01-23
Source:Guardian, The (UK)
Fetched On:2008-01-18 23:26:05
DISCREPANCIES IN TREATMENT OF OFFENDERS

Many Forces To Rely On Officers' Discretion

The Guardian surveyed 45 forces and discovered widespread discrepancies
about how they will deal with the reclassification of cannabis.

Avon and Somerset: Depending on previous history, people in possession will
be cautioned. If they have a record of drug abuse, they will be charged. An
adult in possession of a small amount of cannabis will be given a street
warning. If they are under 18 or smoking publicly, we will arrest.

Bedfordshire: If someone is smoking in a public place or if they are a
repeat offender, they will be arrested.

Cambridgeshire: We will follow Acpo (Association of Chief Police Officers)
guidelines, and there will be a robust response. But officers will also be
encouraged to use their discretion.

Cheshire: To arrest or not is up to the discretion of the individual officer.

Cleveland: We operate a cautioning policy. That will not change.

Cumbria: We are formulating our new policy. There is currently not
automatic presumption of arrest.

Derbyshire: A person will be arrested if found to be in possession of any
amount. Depending on the individual case, deferred cautions are given by
the force on agreement that the offender undertakes counselling.

Devon and Cornwall: We focus our attention on dealers; if officers need to
use powers of arrest, they will.

Dorset: Anyone found in possession of cannabis for their own use is
formally cautioned or prosecuted.

Durham: We won't always arrest; it depends on the circumstances.

Essex: Our policy will change in accordance with the Acpo guidelines which
will presume against arrest unless there are any of four specific
exacerbating factors.

Gloucestershire: Our policy will change in accordance with the Acpo guidance.

Hampshire: No comment.

Hertfordshire: We would arrest for possession. Most future offences will be
dealt with by means of a police warning and confiscation.

Humberside: We do not automatically arrest people in possession of a small
amount of cannabis.

Kent: In line with Acpo, the power of arrest for possession of cannabis
will still continue. We deal with each case on its merits.

Lancashire: We will advise officers to use discretion.

Leicestershire: Each case is dealt with on its merits.

Lincolnshire: In line with Acpo guidelines, some people get prosecuted,
others get cautioned. No two cases are identical. It depends on the amounts
involved, where it is being smoked.

Greater Manchester: Possession is likely to result in arrest or caution,
depending on the amount and whether it is a repeat offender. After
reclassification, this is likely to result in a verbal warning and
confiscation.

Merseyside: We would arrest for possession in most cases. Officers will
follow Acpo guidelines.

Metropolitan: Our current policy is in line with Acpo guidelines. We would
not discuss how it is going to change.

Norfolk: From Thursday it will be up to individual officers' discretion as
to whether they give a caution or arrest.

Northamptonshire: We prefer to target dealers and warn those in possession.

Northumbria: The reclassification will allow police to focus more time and
resources on class A drugs.

Nottinghamshire: Our staff will continue use their discretion to arrest in
accordance with Acpo guidelines and the circumstances.

Staffordshire: We arrest people caught in possession. We're going with the
guidelines: making arrests where necessary but giving warnings where it's
only a small amount.

Suffolk: Our role as a police force is to enforce legislation.

Surrey: Our policy will be based on the Acpo guidelines.

Sussex: Adults found in possession of small amounts of cannabis for
personal use will not be arrested unless there are other aggravating factors.

Thames Valley: Officers will use their discretion; they may still make an
arrest.

Warwickshire: Discretion is always exercised. The new guidance lays out
very specifically the presumption against arrest except in specific
circumstances.

West Mercia: Government policy is that police officers will use their
professional judgment. It is down to the individual police officer and the
individual situation.

West Midlands: Official policy is to arrest for possession. We are
currently confirming our new policy.

Wiltshire: We will be following the Acpo guidelines. If they are over 17
and there are no aggravating circumstances, we won't arrest.

North Yorkshire: We arrest in every case and offer drug referral treatment.
We are now reviewing our policy.

South Yorkshire: In essence the policy won't change. Cannabis is illegal
now and will be on January 29. Officers will consider protection of the
public and ask whether an arrest is necessary.

West Yorkshire: Possession is dealt with on a case-by-case basis.

North Wales: Our new policy is being ratified.

South Wales: People caught with cannabis will be reported or arrested. If
it's a small amount and they have no previous convictions, they probably
won't be arrested. The emphasis will shift towards class A drugs.

Gwent and Dyfed-Powys: No comment available

Northern Ireland: Our policy will not change. Officers will exercise
discretion.

Isle of Man: In 100% of cases we would arrest for possession.

Jersey: It will remain illegal to possess or supply any amount of cannabis.

Scotland: Deputy justice minister Hugh Henry said there would be no change
in practice.
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