If a government proposal is accepted, first-time drug users arrested for simple possession will be able to avoid court by opting for a scheme aimed at steering them away from addiction and criminality.
The government wants to step up its efforts to fight drug trafficking but find a system to help victims
The choice would be made available with the introduction of the Arrest Referral Scheme, released for consultation yesterday, said Justice Minister Chris Said.
Opting to fall under the scheme would mean that first-time offenders would avoid starting a criminal record simply because they have fallen victim to drugs.
Besides, offenders would not have to undergo stressful criminal proceedings that could derail them further, make their name public and affect their employability.
More importantly, Dr Said added, drug users would be given the help they needed immediately.
“We want to make it clear the government wants to step up its efforts to fight drug trafficking but find a system to help drug victims,” he said.
The proposal follows a recommendation by the National Commission on the Abuse of Drugs, Alcohol and Other Dependencies.
Commission chairman Marilyn Clark outlined how the system would work: Once a person is arrested for simple drug possession – that is, for their personal use – the police would carry out a back-ground check.
If it turned out that the person did not have previous drug convictions, the police would call in an arrest referral officer who would explain the two options.
Instead of being taken to court and risk being sentenced, the arrested person could admit to drug possession before an extrajudicial body made up of a chairman and two specialists. The body would then impose conditions, which might include regular urine tests.
Dr Clark said the arrest referral officer would ensure the offender followed the body’s decisions. Failure to obey would risk criminal action.
What goes on within the extrajudicial body would not be used against the offender, who would still be able to plead not guilty to the charges in court.
Dr Clark stressed that for the system to work there had to be collaboration between the police and NGOs .
Assistant Commissioner Neil Harrison, who heads the police drug squad, said there were 150 cases of simple drug possession each year. Most involved young people who could be jailed for tup to a year if found guilty. The law allowed for reduced punishments such as suspended jail terms and probation orders.
Press HERE to see the consultation document . Consultation is open until August 10.