Recommendation 31

HM Government · verbatim extract Deferred

c) To what extent the cost of implementing the policy would fall to the devolved administrations An analysis of the consultation and a Government response will be published in due course. The proposals under the White Paper, Swift, Certain, Tough: New Consequences for Drug Possession, 11 were designed to provide a clear and consistent structure for how policing could deal with those individuals who did not require treatment due to dependent drug misuse, but who had been caught for low level possession offences. Those who misuse drugs need to know their actions have consequences and the Government has been clear that there should be a zero-tolerance approach to visible drug use, and that this approach should be embedded within policing. The implementation of a tiered framework for personal possession offences would enable a proportionate and consistent response across policing within England and Wales. It would provide the opportunity for individuals to change their behaviour, understand the consequences of their drug use and assess whether they require support, before sanctions escalated following repeat offending. The proposals within the framework would operate on police discretion, with officers taking the decision on when it is appropriate to refer an individual to treatment, as is currently the case. Greater use of appropriate treatment and recovery services for those who need it is part of our ambition to support reducing drug-related demand and work is underway to assess how referrals into treatment from across the criminal justice system, which includes the police, can be increased. We need to ensure that enforcement against possession offences is being tackled. Drug use has no place within our communities and can result in people feeling intimidated as well as links with associated anti-social behaviour and other types of offending. We need to ensure that those who are choosing to use drugs recognise the impacts of their use. The Government supports proportionate responses to dealing with possession offences, including requirements to attend education and awareness activity, or treatment where needed, to help people make better, safer choices in the future. Dame Carol Black’s review highlighted that so-called recreational users of drugs were mainly concentrated within the under 30s. The proposals in the White Paper would only apply to those 18 and above. The Government recognises that appropriate interventions will enable individuals to correct their behaviours before potentially receiving a criminal conviction. This is why we are funding an expansion of the use of Out of Court Disposals to tackle drug possession offences, which will also look at the efficacy of drug awareness course as a tool for interventions. The responses to the consultation have supported in our ongoing development of policy in how to tackle possession offences. The Government has committed to publishing a response, which we will do so in due course. This will set out our future direction and how we can empower officers to do more to reduce drug use and related harms, cut crime and improve the quality of life for local people. The White Paper set out the UK Government’s proposals for changes in England and Wales. However, tiers one and three could apply to Scotland and Northern Ireland, if they chose to implement the framework. As with all policy proposals, any changes and impacts, including on costs, would be discussed with the Devolved Governments prior to any changes being made.