REFORMS SOW POLICE CONFUSION

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DAVID BLUNKETT'S gamble yesterday in overhauling Britain's drug laws for
the first time in 30 years opened the way for months of confusion over how
the law on cannabis will be enforced.

Police forces throughout Britain are expected to operate a "softly softly"
approach towards people found in possession of cannabis. But exactly when
the new policy will come into force remains unclear, senior police officers
admitted last night. Official police guidelines on dealing with cannabis
users are months away.

The Home Secretary's bold move to downgrade cannabis from a Class B to a
Class C drug was dealt a damaging blow when Keith Hellawell, the former
drugs czar, announced his resignation as a government adviser in protest at
the decision Mr Blunkett, facing down a storm of protest over his plans to
make cannabis possession for personal use a non-arrestable offence, told
MPs that the Lambeth experiment, which has seen police in the South London
borough focus their energies on hard drugs users and dealers, will be
extended across London in a modified form the autumn. His officials said
later that the same practice, under which police will seize cannabis from
people found with the drug and give them a warning, could apply across the
country by the late autumn.

Oliver Letwin, the Shadow Home Secretary, said: "The more we listened to
the Home Secretary this afternoon, the clearer it became that the Govenment
and the law are now in a state of utter confusion on the vital question of
drugs."

Critics said last night that the law was confused, with soft drugs users in
some parts of the country certain to be treated differently than those in
others. At the same time, higher sentences promised by Mr Blunkett for
dealing in cannabis would not be in force for at least a year, leaving a
vacuum in the law.

Home Office officials said that the Association of Chief Police Officers,
which backs the change, would be issuing guidance in October to ensure that
in the vast majority of cases officers would confiscate the drug and issue
a warning, allowing them to concentrate their efforts on Class A drug
dealing. The Lambeth experiment has resulted in a 10 per cent increase in
the arrest of Class A dealers. Changes in police practice are now expected
across the country well before cannabis is officially reclassified as a
Class C drug.

In late changes designed to appease his critics, Mr Blunkett, who insisted
that possession of cannabis would remain a criminal offence, decided that
it should remain an arrestable offence where public order was threatened or
or where children were at risk. He has also decided to increase the penalty
for dealing in cannabis beyond the ten years disclosed four days ago to 14
years. The move is aimed at drug dealing outside schools.

These changes will require legislation in the next session of Parliament.
Mr Blunkett has decided that the downgrading will not happen until then.

While senior police officers welcomed the decision to reclassify cannabis,
they admitted that there would be confusion as to how the law would operate
in the 12 months until Parliament votes on reclassification and the new
aggravated offences, under which possession of cannabis will remain an
arrestable offence.

Mr Blunkett, under attack from Conservatives in the Commons, admitted to a
Labour MP that the changes could be a gamble. "There are no certainties in
dealing with drugs policy," he told Kate Hoey (Vauxhall).

The Home Secretary and Downing Street tried with little success to play
down their anger over Mr Hellawell's resignation. The former Chief
Constable of Yorkshire announced on thew BBC Today programme that he had
quit because the reclassification of cannabis was "giving out the wrong
message". He said drug dealers would be euphoric.

Mr Blunkett said that when he had informed Mr Hellawell last October of his
intention to refer the downgrading to the Government's advisory committee
on the misuse of drugs, he had agreed. Officials said that Mr Blunkett had
told him at a meeting on October 17 that he was moving to reclassify
cannabis and refer it to the committee. Mr Hellawell had welcomed it. There
was a minute to that effect.

Tony Blair's spokesman also said officials were "bemused" by Mr Hellawell's
comments. "He has had three meetings with (drugs Minister) Bob Ainsworth
and hasn't indicated any concerns on this front," the spokesman said.

Blunkett's plans from next July

*Carrying cannabis or smoking at home: Possible warning and confiscation.
Grey area

*Buying a lump of cannabis from a dealer in the street: Warning and loss of
cannabis. Dealer arrested and charged

*Smoking cannabis in a pub or club: Possible arrest. Risk to public order
is aggravating factor. Grey area

*Smoking a joint near a school: Arrest. Possible influence on children is
aggravating factor

*Smoking a joint in front of police officer: Arrest. Chief constables
concerned about taunting of police

But what will police do tomorrow?

*Cumbria Police: "You have got me beat . . . but I don't think our policy
has changed."

*South Wales Police: "It was on the news this morning . . . any arrest is
still subject to discretion."

*Avon and Somerset: "If it was a small enough amount you would be cautioned."

*Metropolitan Police: "Don't do it. It's too early not to get arrested for
smoking it tomorrow."

*Kent: "As far as we are concerned, it is still an arrestable offence."

Pubdate: Thu, 11 Jul 2002
Source: Times, The (UK)
Copyright: 2002 Times Newspapers Ltd
Contact: letters@the-times.co.uk
Website: The Times & The Sunday Times
Details: MapInc
Authors: Richard Ford and Philip Webster
 
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