PEOPLE caught carrying Class A drugs in Scotland will now not face immediate prosecution, but could be issued a warning by police, MSPs have been told.
Lord Advocate Dorothy Bain announced the measures in Holyrood on Wednesday afternoon.
Bain called the measures “diversion from prosecution”, saying that when used in appropriate cases they would help to prevent reoffending.
She said she was “confident” the measures would help to tackle the drug deaths crisis and allow those found with drugs to be rehabilitated more easily.
In 2020, Scotland recorded 1339 deaths linked to drugs, the seventh time in a row that the number had risen.
In the first half of 2021, 722 suspected deaths were registered. While that represents a drop of nine from 2020, it also puts the country on track to break the drugs death record for an eighth year running.
The new policy aims to help to reverse the trend.
Bain said that the current policy in place allows the use of Recorded Police Warnings (RPWs) to deal with cases of possession of Class B and C drugs.
READ MORE: SNP MP shares family tragedy as he responds to drug deaths report
She went on: “I have decided that an extension of the Recorded Police Warning Guidelines to include possession of offences for Class A drugs is appropriate.
“Police officers may therefore choose to issue a Recorded Police Warning for simple possession offences for all classes of drugs.”
Bain later added: “What is being done is to ensure that any dealing with these cases by the criminal justice process is tailored to the needs of each individual and provides the opportunity to each individual to meet the underlying causes of offending, and ultimately prevent reoffending.”
Class A drugs include heroin, cocaine, ecstasy and LSD. Speed, cannabis, and ketamine are currently in Class B, while GMB and anabolic steroids fall under Class C.
Bain made clear that the RPW extension does not cover drug supply offences, but only possession. She also said that neither offering nor accepting a warning is mandatory, that police could still refer a vulnerable person to support services, and that police would "retain the ability to report appropriate cases to the Procurator Fiscal".
Scottish Tories rushed to condemn the move, with Murdo Fraser labelling it “effective decriminalisation of drug possession and use in Scotland”.
The Lord Advocate said she “did not accept” this characterisation when it was put forward in the chamber by Tory MSP Pam Gosal. Bain said that RPWs still remain on a person’s record for two years for consideration by police or prosecutors.
She added: “I simply reject what’s been said, that it’s de facto decriminalisation, it simply isn’t.”
Green MSP Maggie Chapman said the extension of RPW guidelines was a “very important step on the way to ensuring a public health approach to the drug crisis Scotland faces”.
Alba MP Kenny MacAskill said it was a "welcome and sensible announcement by the Lord Advocate".
Why are you making commenting on The National only available to subscribers?
We know there are thousands of National readers who want to debate, argue and go back and forth in the comments section of our stories. We’ve got the most informed readers in Scotland, asking each other the big questions about the future of our country.
Unfortunately, though, these important debates are being spoiled by a vocal minority of trolls who aren’t really interested in the issues, try to derail the conversations, register under fake names, and post vile abuse.
So that’s why we’ve decided to make the ability to comment only available to our paying subscribers. That way, all the trolls who post abuse on our website will have to pay if they want to join the debate – and risk a permanent ban from the account that they subscribe with.
The conversation will go back to what it should be about – people who care passionately about the issues, but disagree constructively on what we should do about them. Let’s get that debate started!
Callum Baird, Editor of The National
Comments: Our rules
We want our comments to be a lively and valuable part of our community - a place where readers can debate and engage with the most important local issues. The ability to comment on our stories is a privilege, not a right, however, and that privilege may be withdrawn if it is abused or misused.
Please report any comments that break our rules.
Read the rules hereLast Updated:
Report this comment Cancel