DISCRETION FOR POLICE OVER CANNABIS

New Guidelines Allow Exceptions To 'No Arrest' Rule

Wider than expected discretion is revealed in guidelines for police on
how to enforce revised cannabis laws.

The guidelines, to be published today and to take effect in January,
are likely to lead to variations around Britain, according to how
forces interpret them. They include giving police power to arrest
anyone smoking cannabis in public.

But senior officers insist the official guidance means most of the
80,000 adults a year arrested and fined for simple possession will in
future face only a warning and confiscation.

Drawn up by the Association of Chief Police Officers, the guidelines
give each force much wider than expected discretion over how
rigorously they enforce the laws. Small rural forces are likely to be
much tougher than big city forces; the latter will concentrate time
and resources on more dangerous class A drugs.

The home secretary, David Blunkett, announced 18 months ago his
intention to reclassify cannabis from class B to class C, saying
police would lose the power of arrest for simple possession except
where there were aggravating factors. He asked them to instead
concentrate on heroin, cocaine and crack cocaine.

The discretion also applies to repeat offenders. An earlier Acpo
"three joints and you're out" rule - under which users caught more
than twice in a year would be arrested not cautioned - has been
dropped. Instead, an officer may make an arrest "where locally the
person is known to be repeatedly dealt with for possession of cannabis".

Andy Hayman, chief constable of Norfolk, chairs the Acpo drugs
committee and drew up the guidelines. He said that officers would
retain a power of arrest for simple possession. However, he said: "In
the spirit of the home secretary's decision to reclassify cannabis,
the new guidance recommends that there should be a presumption against
arrest. In practice, this means, in the majority of cases, officers
will issue a warning and confiscate the drug. Officers will be
expected to use their discretion and take the circumstances of each
case into account."

The guidelines do not specify the "small amount" that would limit the
offence to simple possession, saying that weighing quantities in the
street is impracticable and would only encourage dealers to avoid
exceeding the limit.

Some feared that the guidelines might be used by more conservative
chief constables to claw back their discretion on when to arrest. Mr
Hayman said he believed they allowed police to focus on class A drugs
- - nevertheless, it remained illegal to possess cannabis. "It is an
illegal drug but not a policing priority," said an Acpo spokesman.

The guidelines do spell out "aggravating factors":

. Smoking cannabis in public: Originally, arrest was reserved for
"flagrantly" flouting the law by blowing smoke into an officer's face.
Now it is stated smoking in public is not in the spirit of
re-classification and could undermine the drug's illegal status.

. Repeat offenders: Where an officer is aware of a person repeatedly
dealt with for possession of cannabis, he may arrest him or her.

. Local policing problem: Where a fear of public disorder is
associated with cannabis use, the police may arrest rather than warn -
this could apply to high-crime estates.

. Young people: Those aged 17 and under will be dealt with under the
Crime and Disorder Act 1998, and not the guidelines - they will be
arrested and given a formal warning. Adults with cannabis inside or
near schools or premises used by young people, will face arrest.
Children under 10 with cannabis will be referred to welfare agencies.

According to the guidelines, when somebody is searched in the street
and cannabis found, all the officer need do is ask "what is this?" and
"whose is it?", record the replies, and in the presence of the
offender put the drug in a tamper proof bag, and seal and sign the
bag.

MPs have yet to vote on changing the penalties for cannabis
possession, but it is assumed the guidance will take effect on January
29.