UNWRITTEN LAWS MAKE BAD JUSTICE

ONE in five cannabis possession cases are shredded before they reach court.

Across Scotland, procurators fiscal have taken the decision to
decriminalise the Class B drug for those caught with small amounts.

That leaves police arresting people they know might never appear before a
judge.

Fiscals do not have to deal with all the cases that come before them.

So they are using their discretion over which cases go to court and which
are marked "no proceedings".

Many believe their resources are better targeted at the heroin and cocaine
problem.

But that unofficial policy is leading to a waste of valuable police time
and taxpayers' money.

There is no question that both police and the courts are overstretched.

However, on any drugs matter, all strands of the law must work together.

There is no point in officers making cannabis arrests if their reports go
unheeded.

Justice Minister Jim Wallace must grasp the nettle and sort out this muddle.

At the moment, there is only an unofficial pact among prosecutors.

Both the police and the people they serve need to know where the law REALLY
stands on cannabis possession.

At the moment, one drug user ends up with a criminal record depending on a
fiscal's workload.

While another goes unprosecuted for exactly the same offence.

A democracy does not operate on unwritten laws such as the one hatched by
fiscals.

Mr Wallace must either release more funds to allow prosecutors to deal
equally with all cases.

Or he will have to go down the road on decriminalisation of cannabis.

The law in Scotland is too precious to be decided on a nudge and a wink.