§ Mr. WrayTo ask the Secretary of State for the Home Department (1) how much cannabis a person would have to possess to be able to arrest them for dealing in the drug; [70137]
(2) how many cautions a person will be allowed to receive for possession of cannabis; [70138]
(3) what measures are in place to ensure that cannabis is not (a) used and (b) dealt near schools and other places where children are present; [70140]
(4) which class A and B drugs are to have sentences for dealing and possession increased; and what the new sentences will be. [70139]
§ Mr. Bob AinsworthThere are no plans to increase sentences for supply and possession of any Class A or B drug. The table sets out the current maximum penalties.
Misuse of drugs offences—current maximum penalties Offence Class A Class B Supply of a controlled drug Life or a fine or both 14 years or a fine or both Possession of a controlled drug 7 years or a fine or both 5 years or a fine or both The police can arrest someone who is in possession of cannabis, as a dealer, if they have reasonable grounds to suspect that the person has committed an offence of possession with intent to supply. The Home Affairs Committee, however, was not persuaded that an intent to supply should be presumed on the basis of the amount of a drug found and the Government has accepted this view. There would be considerable practical difficulty in setting a figure for the amount of cannabis possessed to constitute a criminal offence of possession with intent to supply. Dealers would exploit this by ensuring that the amount of the drug held by them remained below such a figure. The amount of the drug found in possession is an important factor, but not the only one, to consider in deciding on intent to supply. Other factors, such as other items in the person's possession or intelligence information gathered, might also be relevant.
The Association of Chief Police Officers is currently developing a model for enforcing cannabis possession offences which they expect to issue this Autumn, following consultation. It is expected that the majority of first offences of cannabis possession by an adult will be dealt with by way of a formal warning from the police, 670W together with confiscation of the drug. Further offending, or offending where there are aggravating factors, such as that involving a flagrant disregard for the law or which threatens public order, could result in arrest, followed by a caution or prosecution.
Youth offenders will be dealt with in the same manner as they are for all other offences, as detailed in the Crime and Disorder Act 1998 Final Warning Scheme. Under that scheme, they should be reported for the offence and a decision should be made on their case disposal from the options of a reprimand, final warning or charge. A young person with no previous offending history should receive a reprimand. A second offence will lead to a warning or charge, depending on its seriousness. Any further offending following a warning will normally result in a charge being brought.
Frequent use is an indication of vulnerability and this needs to be taken seriously. Hence, after a final warning, a youth offender must be referred to the Youth Offending Team to arrange a rehabilitation programme to prevent reoffending.
We are currently launching local Safer Schools Partnerships with an initial 100 police officers in schools by September, which will help to make the communities around schools safer places to be. The Department for Education and Skills encourages all schools to have a drug incident management policy agreed by the governors, staff and parents in consultation with the local police. Schools are also encouraged to involve pupils in this process.
We are considering the introduction of a separate criminal offence of supplying drugs to young people which would attract higher maximum sentences than are currently available. Those who deal near schools would be sentenced severely.