StopWatch welcomes the opportunity to respond to the Home Office’s consultation on the ‘Swift. Certain. Tough. New Consequences for drug possession’ white paper. The white paper outlines a demand reduction strategy to tackle current levels of recreational drug use across the United Kingdom, setting out an escalatory three-tier framework for the criminal justice response to possession offences, including alternatives to prosecution.
However, the white paper still establishes a punitive model that anticipates the intensification of policing and prosecutorial approaches to the possession of illicit substances, despite best practice recommendations from the government’s expert advisers and international actors. The enforcement of fixed penalty notices on individuals facing ‘Tier 1’ sanctions, and the threat of additional penalties for non-compliance, risks making the avoidance of criminal prosecution dependent on financial means. The implementation of ‘Tier 2’ mandatory drug testing requirements would also necessitate the expansion of stop and search powers, despite overwhelming evidence that such powers are disproportionately used against certain groups in society, such as individuals from minority ethnic backgrounds, and Black British communities in particular, as well as young people and men.
Our consultation response answers the following questions:
Section 2 – Tier 1
13. Do you agree with our proposals that for a first offence of possession of a controlled drug an individual should be required to attend a drug awareness course designed to make them consider their behaviour? Please select one option.
Strongly agree
- Agree
- Neither agree nor disagree
- Disagree
- Strongly disagree
- Don’t know
Please provide any additional comments
14. Do you agree that the individual should pay for the cost of the drug awareness course? Please select one option.
15. Do you agree that there should be a consequence in the form of a financial penalty for those who refuse to attend the drug awareness course? Please select one option.
- Strongly agree
- Agree
- Neither agree nor disagree
- Disagree
- Strongly disagree
- Don’t know
Please provide any additional comments
Section 3 – Tier 2
23. Do you agree that those who are caught in possession of drugs for a second time should be offered a caution with rehabilitative conditions, (where their alternative option is to face arrest and charge)? Please select one option.
- Strongly agree
- Agree
- Neither agree nor disagree
- Disagree
- Strongly disagree
- Don’t know
Please provide any additional comments
24. Do you agree that, where proportionate, the Tier 2 conditions should include: (i) a mandatory drug testing requirement; (ii) attendance at a further drug awareness course;
Please provide any additional comments
29. Do you know of available evidence on mandatory drug testing and its ability to reduce illicit drug use or re-offending? If yes, please share any evidence.
Section 6 – Operational best practice and new reforms for Drug Testing on Arrest
42. Do you agree with our proposal to expand the range of illicit drugs which can be tested for under Drug Testing on Arrest legislation? Please select one option.
- Strongly agree
- Agree
- Neither agree nor disagree
- Disagree
- Strongly disagree
- Don’t know
Please provide any additional comments
You can find our full response to these questions in the pdf document below.