Police in Scotland who catch people with Class A drugs will be able to hand out warnings rather than handing them over to prosecutors, in a major change to the nation’s drugs policy.
While several forces in England have trialled similar approaches, Scotland is the first part of the UK to change its policy nationally as part of efforts to cut drug-related deaths.
People caught with drugs who do end up being referred to prosecutors could also be “diverted” onto rehabilitation schemes instead of facing criminal charges and a possible prison sentence.
The move was welcomed by campaigners and some political parties who believe drug addiction should be treated as a public health issue rather than a criminal one.
But the Scottish Conservatives claimed the decision was “dangerous” and amounted to the “de facto decriminalisation” of Class A drugs such as heroin and cocaine.
Previously, police in Scotland were allowed to hand out Recorded Police Warnings (RPWs) to those found in possession of Class B and Class C drugs such as cannabis.
These are designed to deal with low level offending as an alternative to prosecution, although it will still show up on a person’s criminal record for two years.
But Scotland’s Lord Advocate, Dorothy Bain QC, announced on Wednesday that the use of RPWs was being extended to Class A drugs for the first time.
The warning system will only apply to possession offences, with people caught supplying drugs continuing to be prosecuted as a matter of routine.
Police will also still be able to report people caught in possession of drugs to prosecutors depending on the circumstances of the individual case.
However, the decision marks a major shift in Scotland’s drugs policy, with ministers under pressure to act following record-high numbers of drug-related deaths.
A total of 1,339 people died of drug misuse in Scotland last year, an increase of 75 on 2019’s figure and the seventh year in the row that a new record has been set.
The nation has by far the highest drug death rate recorded by any country in Europe, more than three and a half times higher than that in England and Wales.
The drugs charity Favor Scotland said the change would “prevent many people who really need help and support from being forced through our criminal justice system.”
But CEO Annemarie Ward cautioned against viewing it as a “silver bullet”, arguing that “nothing will change” without better access to treatment and rehabilitation services.
Scottish Tory justice spokesman Jamie Greene objected to the policy, telling MSPs: “The answer to our drugs crisis is more access to treatment, not this de-facto decriminalisation by the back door of drugs that are the scourge of our streets and our society.”
